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The system of remedial measures
Fišer, Jan ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Summary: In my master's thesis I focus on remedial measures and appellate proceedings. Special attention is given to explanation of rules and principles of the appellation, cassation and revision correction system and the differences between them. This theoretical definition of the mentioned systems is then followed by their practical application in the Czech civil procedure, including its development in the last ten years and mentioning possible amendments in the future. At the end of the paper there is presented the German legal regulation of remedial measures. The master's thesis is, apart of the introduction and conclusion, composed of five chapters, each of them dealing with remedial measures and correction systems from a different point of view. Chapter one is introductory and outlines the questions of appellate proceedings and legal remedies, it also defines basic terminology that is then used in other chapters. Chapter two introduces various correction systems. The chapter is subdivided into four parts. Part one describes the appellation system and its principles. It explains the differences between the system of full appellation the system of inchoate appellation in detail. Second part focuses on the cassation system and its rules. Part three deals with the revision system. The last part looks at...
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The system of remedial measures
Musilová, Markéta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...
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Biuding of legal opinion of an appellate administrative body
Malíčková, Michaela ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
Binding of legal opinion of an appellate administrative body Abstract This thesis concerns quite a narrow subject, the binding of a legal opinion of an appellate administrative body. This principle is enshrined in Section 90 paragraph 2 subsection b) of Administrative Procedure Code, i.e. in a provision concerning a decision of an appellate administrative body. Binding legal opinion is linked with a cassational way of deciding, which indicates a type of decision which resides in sole annulment (revocation) of a challenged administrative decision and returning the case for new consideration. The first chapter maps an evolution of anchoring issued principle in legal regulations of administrative procedure effective in Czech lands. Furthermore, it discusses a binding legal opinion in relation to remedial principles. The thesis highlights the negative tendency of overusing the cassational way of deciding by appellate administrative bodies, on the contrary, it also points out situations that disallow administrative bodies to use it. First chapter also presents some possible characters of issued legal opinions, which mainly means to what exactly is the administrative body that issues the new proceedings. This is connected to possible defects of challenged decision for which they are revoked. Second chapter is...
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Cassation and appeal in the criminal procedure code
Boledovičová, Zdeňka ; Hořák, Jaromír (advisor) ; Herczeg, Jiří (referee)
- Cassation and appeal in the criminal procedure code The subject of my thesis is a cassation and appeal principle used during a criminal proceedings. Both principles control criminal proceedings within the meaning of determination of the appeal body jurisdiction, especially how to treat a first instance judgement that is opposed to a factual or legal flaws. Current legal regulation tends to apply the appeal principle with a restricted appeal elements and in compliance with the factual intentions of a legal code. This trend will continue in the future as this approach is implemented in the forthcoming legal code provisions. The thesis is divided into five chapters. The first chapter present the historical excursus of the Czech judicature evolution. It presents difference between civil and criminal law. The second chapter discuss a legal remedy system and is mainly focusing to define terms such as appeal, cassation and revision. The aim is to clarify the legal remedy principles and also to explain the purpose of reviewing procedure during a criminal proceedings with accent to a three main roles of the reviewing procedure: general, immediate and extended which all represent main criminal proceedings principles. The subject of the next chapter is focused on a relationship of the cassation and appeal...
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The system of remedial measures
Fišer, Jan ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Summary: In my master's thesis I focus on remedial measures and appellate proceedings. Special attention is given to explanation of rules and principles of the appellation, cassation and revision correction system and the differences between them. This theoretical definition of the mentioned systems is then followed by their practical application in the Czech civil procedure, including its development in the last ten years and mentioning possible amendments in the future. At the end of the paper there is presented the German legal regulation of remedial measures. The master's thesis is, apart of the introduction and conclusion, composed of five chapters, each of them dealing with remedial measures and correction systems from a different point of view. Chapter one is introductory and outlines the questions of appellate proceedings and legal remedies, it also defines basic terminology that is then used in other chapters. Chapter two introduces various correction systems. The chapter is subdivided into four parts. Part one describes the appellation system and its principles. It explains the differences between the system of full appellation the system of inchoate appellation in detail. Second part focuses on the cassation system and its rules. Part three deals with the revision system. The last part looks at...
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