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eJustice in civil procedure
Souhrada, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
eJustice in civil procedure Abstract This thesis deals with eJustice in civil proceedings, and specifically with electronic tools that can be used in civil proceedings. The purpose of the thesis was to describe and analyse the current legal regulation of the eJustice tools introduced so far from the perspective of civil proceedings using the descriptive method and the analytical method and to answer the research questions that the author asked in the introduction of the thesis. The thesis consists of seven chapters. The first chapter focuses on the relationship between eGovernment and eJustice. The second chapter provides an explanation of the concept of eJustice in civil proceedings. The third chapter maps the historical development of eJustice in the Czech Republic. The fourth chapter describes the goals set for eJustice. The fifth chapter discusses the individual eJustice tools applicable in civil proceedings, namely electronic communication tools, tools for payment of court fees, tools related to obtaining information necessary for a decision, tools related to random allocation of ideas, tools related to the course of court proceedings and tools through which courts provide information about their activities to the public. The sixth chapter evaluates the tools described and analysed in the previous...
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Declaratory action as a type of action
Řeháková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Declaratory action as a type of action Abstract An action is one of the most important institutes of civil procedure law. It is generally understood as a procedural act of a plaintiff, but it is also understood as an instrument for the protection of the plaintiff 's threatened or infringed right. It is largely governed by the principle of disposition while the action itself is in fact a complex act of disposition of the plaintiff. Every action has three basic mandatory components which are essential to the question of the identity of different actions. Action also must include prescribed general and special requirements. In practice, we distinguish between several types of actions, the most important division being the division according to the content of the claim. This is how we distinguish between actions for specific performance, declaratory actions, constitutive actions and personal status actions. The object of declaratory action is to declare right or legal relationship. In certain cases, object can also be a legal fact. Right can also be declared in relation to some point in the past. Declaratory action has primary preventive function, but this function is not always dominant. Declaratory action can be positive or negative, the purpose of it is to issue declaratory decision, never constitutive one....
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Types of civil procedure
Chromčíková, Viktória ; Zoulík, František (advisor) ; Pohl, Tomáš (referee)
Types of civil proceedings written by Viktória Chromčíková Abstract This thesis deals with kinds of civil proceedings which have developed for protection of rights in private law sphere. Courts are the authorities that provide protection for rights. In civil proceeding they judge disputes in private law and other issues provided by special acts. There are several kinds of civil proceedings that have developed in time. The history of civil proceeding is described in the first chapter of this work. In the other chapters there are particular kinds of civil proceedings existing according to the present Czech law analyzed. Adversary proceedings resolve the usual dispute of two parties which obtains all that it takes - proceeding is initiated by a petition against a certain person. There must be a hearing held in the case where the both parties are heard (they have the same opportunity). Opposite to this procedure there are proceedings where there is no dispute in the case, but the decision of a court is obliged according to a special act. There is a special public interest on this judgment (decision). Therefore this kind of proceeding can be initiated in official duty and principle of investigation is applied. Execution is initiated only in private interest and is complied with different principles than the...
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Legal status of the judge in the Czech republic
Stieberová, Marie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Název práce v anglickém jazyce: Legal status of the judge in the Czech Republic Abstract The work deals with the topic "Legal status of the judge in the Czech Republic". I chose the topic of the thesis because I consider the function of judge to be one of the vertices that can be achieved in the legal field. Everything related to this feature seems to be interesting and investigate. In addition, I consider the topic is important in society. I had the oportunity to work as an assistant to two civil judges in the district court for two years and to look into the "court action". During this time I came into contact with several judges, I attented several courts hearings. The thesis is divided into 23 chapters. The beginning of the thesis is devoted to the historical development of the judiciary and to the related development of the position of a judge in the Czech Republic. Rendering in historical contects is important for easier understanding of the influences they had and have an impact on today's legal status of a judge. From a historical point of view this helps to avoid potential mistakes from the past in the future. The judiciary of the present is specified in the following chapters, which regulate the rules of the judiciary, the conditions for the establishment and exercise of the judge. The position of...
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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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Civil Procedure and Consumer
Málek, Radek ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Civil Procedure and Consumer Abstract This rigorous thesis deals with the topic of private law procedure in relation to the consumer and especially the exercise of his rights. The current state of legislation in this area is highly stratified and multilevel. In addition to the traditional possibility of claiming the individual rights through private litigation before a civil court, dispute resolution methods are also gaining prominence in the field of consumer law due to request for enhanced enforcement of highly harmonized substantive law, which should provide better access to justice and consumer rights also through effective access to the state authorities that would judge such disputes. In connection with a significant amendment to the Consumer Protection Act, specialized procedural protection of consumer rights was institutionalized through the introduction of so-called alternative dispute resolution methods, which are divided among several bodies having jurisdiction and competence in a particular dispute, either to make a binding decision or lead parties to reconciliation or conclusion of a private law agreement. In addition to this relatively new legal regulation of alternative dispute resolution for consumer disputes, the traditional method of dispute resolution in arbitration proceedings also...
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Appeal in civil procedure
Bednárová, Veronika ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Appeal in civil procedure Abstract The presented rigorous thesis deals with the issue of appeal in civil procedure with an emphasis on a contested litigation. Appeal constitutes the only ordinary legal remedy that can be applied in civil procedure according to the effective legal regulation. From the point of view of systematics, my thesis is divided into eleven sections, which are, because of clarity and logical division of individual parts of the discussed issues, further divided into sections and then into articles. The two introductory sections are devoted to more general reflections on the chosen topic. The first section contains an introduction to the issue of the legal review of judicial decisions, specifically focusing on a general interpretation of issues of remedial procedure, remedial systems, and finally the division of remedies into the regular and extraordinary ones. The second section focuses on the historical development of the legal regulation of appeal in the Czech countries, both before 1918, and afterwards. The second part of my rigorous thesis, consisting of the remaining nine sections, is already working with the problem of appeal from the point of view of the currently effective legal regulation. They include the general characteristics of the institute of appeal in civil procedure,...
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Reimbursement of costs in trial proceedingsand enforcement proceedings
Hadáček, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis deals with the topic of reimbursement of costs in trial proceedings and enforcement proceedings. The main goal of this thesis is to provide a comprehensive overview of the topic and to explain fundamental aspects of costs in trial proceedings and enforcement proceedings as well. The diploma thesis focuses not only on the interpretation of legal provisions but also on the case law, which is cited throughout the text. The diploma thesis consists of an introduction, two main chapters, and a conclusion. The first chapter discusses reimbursement of costs in trial proceedings and is systematically segmented according to corresponding phases of a trial proceeding. The first part of this chapter describes costs in trial proceedings. The following subchapters discuss principles of cost reimbursement in contentious proceedings. The subchapter 1.3.3 focuses on legal conditions for awarding costs with an emphasis on the discretionary power of the courts and pretrial notice. The subchapter 1.4 deals with reimbursement of costs in non-contentious proceedings. The last part of this chapter discusses remedies directed against decisions regarding costs in trial proceedings, including the constitutional complaint. Reimbursement of costs in enforcement proceedings under the Enforcement Regulations...
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Comparison of the Czech and Russian trial proceeding costs regulation
Rozhdestvenskiy, Dmitry ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis aims to compare the Czech and Russian regulations of the costs of civil proceedings, to identify and compare the differences in favor of this or another legislation. The thesis is divided into three chapters. The first chapter is devoted to the costs of civil proceedings in the Czech courts. First of all, the concept of costs of proceedings and its function is defined. Then the individual types of costs of proceedings are analyzed according to its demonstrative list in § 137 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended: expenses of participants and their representatives, including court fee, lost earnings, interpreting, evidence costs, compensation for value added tax, remuneration for representation and remuneration for the mediator. Subsequently, the principles of payment and reimbursement of costs of proceedings are discussed, taking into account the moderating right of the court and the decision on reimbursement of costs of proceedings. The second chapter focuses on the description of the legal regulation of costs in the Russian Federation. Like the first chapter, it deals with the concepts of costs of proceedings and related legal institutes in Russian law. In particular, it focuses on the description of the court fee, exemption from the court fee,...
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The competence of public prosecutors' offices in the non-criminal area
Nechvátalová, Helena ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
This rigorous thesis deals with the competence of the public prosecutor's office in the non- criminal area. The primary aim of this work is to comprehensively cover the above-mentioned legal issues, which, although it has numerous specifics, are often neglected and delayed in connection with the criminal jurisdiction of prosecutors' offices. Attention is paid both to the position of prosecutors in individual civil proceedings and related procedural authorizations, as well as to their supervision over places where personal freedom is restricted, when these two legal areas constitute the non-criminal powers of prosecutors' offices. The thesis is divided into nine chapters except the introduction and conclusion. The individual chapters logically follow each other, when the first chapter offers a historical insight into the development of public prosecutors 'offices as such together with an emphasis on the development of civilian powers of public prosecutors' offices. The historical regulation is followed by the current regulation, which is paid attention in the second chapter, which offers an overview of the various legal regulations relating to the non-criminal jurisdiction of public prosecutor's offices. The next chapter, ie the third chapter, then outlines the specifics of the non- criminal scope,...
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