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The notary and civil procedure
Straděj, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "The notary and civil procedure" deals with the role of notaries in the legal order of the Czech Republic. Notaries public have a long historical tradition in our country, even though the organization of their profession has changed over the years. General awareness of their profession, which is considered to be very conservative, is not too widespread. It was also one of the reasons, why I chose thesis topic from this field. The aim of this work is to analyze the activities of notary, which are related to the civil procedural law and civil process, characterize the principles, which are typical for him and to clarify the position in which is the notary public while conducting each task. This thesis is divided into five chapters. First of them, except a brief history, explains basic concepts such as notary and notary office. This is followed by a description of the fundamental notary principles, assumptions for the appointment and organization of their profession. In the first half of the second chapter are summarized all activities of notaries in the Czech Republic under the current Law on Notaries. The civil process is defined in the rest of the chapter; it connects with the role of the notary to form a logical basis for the following three chapters describing the specific activities....
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The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings
Krtička, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings The purpose of my thesis is to analyse the principle of arbitrary order and its role in recent civil-procedure legislation both in the Czech Republic and abroad. The reason for my research is the incessant discussion of experts and the continuing need for amendment of the Civil Procedure Code to ensure a balance between examination of facts and reasonable time of hearing. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis, especially the fundamental principles of civil procedure and principles of procedural order. Chapter Two describes historical development of arbitrary order in our country from the Austro-Hungarian Empire. Chapter Three is subdivided into three parts. Part One highlights the most important international-law and constitutional grounds for the current order of the proceedings. Part Two and Three looks at amendments which brought substantial changes to the principle of arbitrary order after 2000. Chapter Four is focused on today's legislation and problems resulting from its ambiguous interpretation. Chapter Five provides a view of foreign legislation and its approach to the selected topic. The chosen jurisdictions are Austria, Germany and...
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The minor in civil procedure
Sladká Hyklová, Jana ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Uhlíř, David (referee)
The Minor in the Civil Procedure JUDr. Jana Sladká Hyklová Abstract The thesis deals with the topic of the minor in civil procedure. This topic has not been yet properly compiled in Czech legal literature although the issues of participation of minors within civil proceedings are still actual and their importance is increasing. The basic legal source covering the chosen topic is Act No. 99/1963 Coll., Civil Procedure Code, which had to be amended more than 120 times. Procedural law in family law matters, which form substantial part of the content of this thesis topic, is firmly connected with substantive law. Substantive legislation is nowadays represented by Civil Code and Family Law, which are supposed to be replaced on 1 January 2014 with new code of civil law, Civil Code (Act No. 89/2012 Coll.). This is the reason why the thesis pays attention to the existing legislation as well as to novelties brought by the new code. Where needed, an analysis of new legislation in terms of proper procedural protection of the rights of minors is provided. New legislation of civil law brings the question of preparation of appropriate procedural code. On spring 2012 the draft of law of non contentious procedure which includes main principles and outline of this brand new procedural regulation was published. Where...
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Appeal in civil procedure
Vaníčková, Zuzana ; Frintová, Dita (advisor) ; Zoulík, František (referee)
The aim of this thesis is to describe and analyse the legal institution of appeal in Czech civil procedure. The goal of this thesis is to provide both - (i.) an overview of the issue of appeal in civil procedure and (ii.) an outline of its practical problems and their solutions. Czech legal order distinguishes ordinary and extraordinary legal remedies. The only ordinary legal remedy according to positive law is the appeal. It represents the most frequently used form of a review of judicial decisions. The legal regulation of the appellate procedure in civil cases is enshrined in Act No. 99/1963 Coll. on the Civil Procedure, as amended. The thesis is divided into thirteen chapters, each of them dealing with different aspects of the legal institution of appeal. The first one focuses on its historical development. The next chapter deals with the importance of this procedural institution within the framework of legal remedies. Thereafter the thesis provides a general (theoretical) explanation of an appeal. It is the only ordinary remedy in Czech civil procedure. The concept of an appeal in our national legal system is based on the appellate principle. In the current Czech civil procedure the complete and incomplete appellate systems are both determined and applied. The remaining chapters are devoted to...
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Types of civil procedure
Brázdová, Kristýna ; Zoulík, František (advisor) ; Zoulík, František (referee)
This diploma thesis gives comprehensive view of several kinds of civil procedure, whereas it aims for characteristic of their main elements (f.e. principles, participants, kinds of verdicts). By this characteristics the diploma thesis interfers with some problems and questions, which are not solved by legislation. Therefore there is a target to find the answers to these questions with the help of legal and judicial experiences. There are actual questions nowdays, which evoke the law form of concentration of proceedings. We can divide the civil proceses by seven categories. I follow also the partial targets by some category. Within the frame of characteristic of undisputed procedure I compare this procedure with the target to find the fundamental differences between these civil-procedural types of proceedings. In the chapters devoted to execution and insolvence procedure, I especially focus in definition of premises, for which the proceedings can be execute. The attention is devoted to position of creditors from the angle of exercitation and satisfaction their outstanding debts in insolvence proceedings. At the close of diploma thesis I try to draw near law-suits, which can be a subject of arbitration procedure.
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Electronization of civil procedure
Tunkl, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The diploma thesis Electronization of civil procedure is devoted to the implementation of the information technologies and institutes of the electronic justice to the Czech civil procedure, mainly to the discovery, executive and arbitrage proceedings. It provides an objective and complex overview of the evolution of these institutes, relations between them, practical problems in the daily use and possible future development. The largest chapter concerns the institutes common to all kinds of civil proceedings, such as acts executed by court (e.g. logging, pleadings, and delivery), acts made by parties (e.g. submissions), evidence and judgment. The course of the discovery proceeding taking into account the electronization is explained in the second chapter. The third one does the same for the executive proceeding. The penultimate chapter is devoted to the arbitrage and mainly to the Online Dispute Resolution. The thesis is ended with the conclusion which summarises the findings (uncoordinated process of adoption, defects in the everyday use, disunited and unlinked user environments) and gives a possible solution to the defects and the disunited user experience of the institutes of electronic justice that has been adopted during the last decade.
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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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The Effectiveness of Judicial Protection and Remedies at Civil Procedure
Weiserová, Michaela ; Hálková, Alena (referee) ; Musilová, Helena (advisor)
The theoretical part of the bachelor’s thesis describes the procedure before appellate courts at civil justice. The practical part then addresses the effectiveness of judicial protection in the Czech Republic. Special attention is paid to highlighting the problematic spots and reasons for potential delays in the proceedings, which in turn results in the decline of effectiveness of the entire judicial procedure. The concluding part then contrasts the practical insights with an ideal model and on that basis articulates several recommendations as to how to improve the effectiveness of the Czech civil procedure.
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European Order for Payment
Dřizgová, Zuzana ; Grmelová, Nicole (advisor) ; Pešlová, Andrea (referee)
The topic of the thesis is Regulation (EC) No 1896/2006 of the EP and of the Council of 12 December 2006 creating a European order for payment procedure. Regulation established an additional and optional means for the claimant, with the purpose to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims and to permit the free circulation of European orders for payment throughout the Member States without any intermediate proceedings prior to recognition and enforcement. The aim of the thesis is to analyze the current shape of legislation, its interpretation by the ECJ and existing practical experiences with the application of the tool in the Czech Republic. Chapter one is devoted to the development in the field of judicial cooperation in civil matters, called as well as European civil procedure, and to the summary of the existing regulations. Chapter two deals with the thorough analysis of the laid down proceedings and its consecutive phases. It also contains the evaluation of these regulatory efforts. Chapter three focuses on the analysis of a reference for a preliminary ruling in the Case C-215/11 Szyrocka which is not yet decided. The reference depicts problematic points of coordination between the Regulation and civil procedures of Member States. Last chapter pursues the application of the European order for payment in the Czech judicial system. It summarizes the statistical data about usage of the procedure in the Czech Republic. Moreover, it presents the findings of the qualitative research carried out at thirty district and regional courts.
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