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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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Preliminary Ruling
Vavrušková, Magda ; Smolík, Petr (advisor) ; Salač, Josef (referee)
in English The aim of this thesis is to describe and define the preliminary ruling according to the Act no. 99/1963 Coll., the Civil Procedure Code, ad amended. The introductory chapter deals with the hedging proceedings and the typical features of the preliminary ruling. The second chapter concentrates on the historical development of the preliminary ruling in Czech Republic. The third chapter is a crucial part of this thesis examining the proceedings and the institutes of the preliminary ruling and briefly describes also the preliminary ruling in the arbitration and also in the administrative proceedings and administrative court proceedings. The fourth chapter deals with the liability for the damages arising from the preliminary and the fifth chapter compares the Czech preliminary ruling to similar institutes in Slovakia and Spain. The conclusions are drawn in the final chapter which assesses the importance of the preliminary ruling.
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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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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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