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The sense of time and terms in private law
Kolátorová, Pavlína ; Švestka, Jiří (advisor) ; Elischer, David (referee)
Analysis and description of historical development and of the current legislation of the issues dealing with the meaning of time and periods in the private law. The issues of origin, alteration, or termination of relations within the Civil Law in connection with the time flow. The question of determining a fixed period of time (date) and the time running (periods, times). The issue of a particular determination of the commencement or the termination of the periods, the question of (un)interrupted periods (suspension or termination of the period running), consequences of passage of time. Analysis, historical development, description and comparison of the concept of limitation (weakening of a right), lapse (extinguishment of a right), and prescription, the current legislation thereof. The meaning and consequences of the limitation and the lapse, distinguishing between both the aforementioned concepts.
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Protection against delays in administrative proceedings and in proceedings before administrative court
Koudele, Lukáš ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Protection against delays in administrative proceedings and in proceedings before administrative courts Abstract The subject of this work are delays in administrative proceedings (where its legislation marks them as inaction) and before administrative courts. A delay is a state in which a certain act in the proceedings for some reason is not undertaken at the time within which it should be done. Reasons for delays may vary. They may be objective, which may consist of a number of cases that a person decides, whether it is due to insufficient staffing of the authorities in charge of the proceedings, or because of the deficiencies in the organization of work with that authorities, or may consist in the necessity of following the sequence of a process involving the necessity to perform an act that precedes the given operation. Reasons for delays can also be subjective, due to the lack of speed of work, either due to laziness or incompetence. The Charter of Fundamental Rights and Freedoms speaks of the duty to discuss the matter without unnecessary delays. This obligation applies both to administrative proceedings and to proceedings at the administrative courts. Since this is a law regulation, which applies to constitutional order, other legal norms can not contain a rule that would be inconsistent with the...
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Current issues of judicial proceedings in cases of international protection
Křižáková, Markéta ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The aim of the diploma thesis "Current issues of judicial proceedings in cases of international protection" is the evaluation whether the amendment of Asylum Act sufficiently fulfils requirements of the procedural Directive 2013/32/EU regarding the right to effective remedy. Namely these requirements are full and ex nunc examination of both fact and points of law that composes large part of this thesis, suspensive effect and time limits. In order to reach the goal of this thesis several questions are given which one of them relates to the right to effective remedy in international, European and national law. Hence the chapter two deals with the right to effective remedy in European Convention on Human Rights, Convention against Torture and International Covenant of Civil and Political Rights same as in EU Charter of Fundamental Rights and Charter of Fundamental Rights and Freedoms of the Czech Republic. Afterwards the thesis presents the main principles of administrative judiciary such as cassation principle and principle ex tunc and specifics of judicial proceedings in cases of international protection. Crucial part of the thesis is the chapter four that analyses above mentioned requirements of procedural Directive 2013/32/EU and transposition of these requirements by the amendment of Asylum Act....
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The sense of time and terms in private law
Kolátorová, Pavlína ; Švestka, Jiří (advisor) ; Elischer, David (referee)
Analysis and description of historical development and of the current legislation of the issues dealing with the meaning of time and periods in the private law. The issues of origin, alteration, or termination of relations within the Civil Law in connection with the time flow. The question of determining a fixed period of time (date) and the time running (periods, times). The issue of a particular determination of the commencement or the termination of the periods, the question of (un)interrupted periods (suspension or termination of the period running), consequences of passage of time. Analysis, historical development, description and comparison of the concept of limitation (weakening of a right), lapse (extinguishment of a right), and prescription, the current legislation thereof. The meaning and consequences of the limitation and the lapse, distinguishing between both the aforementioned concepts.
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