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Evidence in civil appeal proceedings
Toman, Petr ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Evidence in civil appeal proceedings Abstract The topic of the master's thesis is evidence in civil appeal proceedings with a focus on contentious proceedings. Evidence is often referred to as the backbone of the civil process, as it is supposed to guarantee a fair decision in the case. In appeal proceedings, the importance of evidence is even stronger, as it is used to review the correctness of the contested decision. The aim of the master's thesis is to provide a comprehensive and complete overview of the legal issue of evidence in civil appeal proceedings, to discuss its most important aspects, to point out deficiencies in the current legislation and propose changes de lege ferenda. In order to fulfil the set objectives, the thesis is systematically divided into four chapters. The first chapter defines the basic terms - procedural evidence and appeal, the understanding of which is crucial for the rest parts of the thesis. In connection with the mentioned terms, the term means of evidence, evidence, subject of evidence and individual types of correction systems - the system of complete and incomplete appeal system, cassation system and revision system, are also characterised here. The second chapter provides an overview of the most important works of prominent Czech personalities of the civil process. The...
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Constitutive legal actions
Hendrychová, Veronika ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Constitutive legal actions Abstract The topic of this thesis are constitutive legal actions, which are recognised as a separate category of actions in theory and are even envisaged to be explicitly enshrined in the law in the future. In contrast to actions for performance or actions for a declaration, constitutive actions are aimed at the issuance of a constitutive decision that creates, modifies or terminates a substantive legal relationship. Except in exceptional cases, where analogy may be considered, such constitution of legal relations requires express statutory authorisation. This is the basis for the specific status of constitutive legal actions and the proceedings in respect thereof. Even though constitutive actions have many specific features, they are treated as classic contentious proceedings. These specific features include especially the modification of the dispositive principle, the application of the investigative principle and the absence of adversarial status of the parties. Nevertheless, these specific features in fact negate the very nature of contentious proceedings and the legislation does not provide a suitable solution for them. The referred to specific features are thus used in this thesis as one of the keys to answering the question whether constitutional actions should indeed be...
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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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Dispositive principle in contentious and non-contentious proceedings
Hošek, Martin ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Dispositive principle in contentious and non-contentious proceedings Abstract This rigorous thesis is focused on the dispositive principle and its aplication in contentious and non-contentious proceedings. The dispositive principle is one of the main principles which constitute civil proceedings, contentious proceedings in particular. The aim of the dispositive principle is to establish who decides whether a proceeding is to be initiated, what is the subject of the proceeding and who has an influence on its course. The first chapter is related to civil procedure in general and its historic development since the ancient Rome until today. The other part of the chapter contains general definition of all types of civil procedure. The second chapter deals with civil trial proceedings. The first part is focused on contentious proceedings which are formed by the dispositive principle. On the contrary, non- contentious proceedings, which are the subject of the next part of the chapter, are formed by the principle of officiality. Nevertheless, the dispositive principle also applies in non- contentious proceedings. The author focuses on the main principles which form both proceedings. The author also describes how they proceed. The third chapter is dedicated to the dispositive principle in general. The author also...
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Parties to contenious proceedings
Spěváková, Kristýna ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The thesis deals with legal regulation of participation in contentious proceedings. Procedural subjects are one of the definitional elements of the civil proceedings; they are mainly the court and parties to proceedings. Therefore, legal regulation of parties to proceedings is an important component of law of civil procedure. The thesis depicts the present legal regulation of participation in contentious proceedings, evaluates its suitability and proposes appropriate changes with regard to clarity, unambiguity and fulfilment of the right to a fair trial. It includes description and analysis of the effective legal regulation, examines main problems, compares interpretation and opinions in professional literature and also deals with the court interpretation of relevant legal regulation. Moreover, a partial aim of the thesis is to depict the reflection of the new civil code in the procedural regulation and to evaluate whether such reflection is optimal. The thesis is divided into eight chapters which deal with the component topics. The first chapter deals with general matters of parties to contentious proceedings including material and procedural standing and the principle of equality. The second chapter concerns prerequisites for participation in proceedings, thus analyses capacity to sue and to be...
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Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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