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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Appeal
Pomije, Michal ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Abstract Diploma thesis - Appeal This diploma thesis deals with the legal regulation of one of the extraordinary remedies of the Czech civil process - appeal. The first goal of my diploma thesis was to introduce systematic rules and extraordinary means in general and to add permits to their system, while in the first chapter I further analyzed the corrective systems according to which the scope of control activities of the court is determined. The legal regulation of permits has undergone the existence of dynamic changes during its existence, another, and primary, the aim of this work was described by the current legislation allowing and further outline the development of permitting legislation, which was returned as an extraordinary remedy in 1991. One of the other goals I chose is the description of the new concept of the legal regulation of permission, the regular remedy, which is regulated in the draft of the new Civil Code of the Ministry of Justice - the substantive intent of the Civil Procedure Code. According to the authors of the substantive intent of the introduced larger economic court proceedings, the change of permission to an ordinary appeal. According to the authors of the substantive intent, an important element would be a higher degree of legal certainty for the participants in the...
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The Position of Review Appeal in the System of Remedies
Ambrož, Vojtěch ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The Position of Review Appeal in the System of Remedies Abstract What is the purpose of the review appeal in civil matters? Should the review appeal be of an ordinary or extraordinary nature? Should the admissibility requirements of the review appeal be determined entirely objectively, or should it depend, at least in part, on the subjective discretion of the appellate court? This is only a part of numerous questions that have accompanied the institute of review appeal for several historical stages and, due to the planned overall re- codification of the civil procedure law, these issues remain relevant even today. The author of this work aims to provide an answer to some of these questions based on a critical view of the historical development of the review appeal, current legislation concerning this matter and the review appeal from de lege ferenda perspective. In the first chapter, the author generally discusses remedies in civil proceedings, their nature, effects, and definition of the review appeal. The greatest attention is paid to the purposes of the review appeal, which include finding individual justice and unifying the decision-making practice of the civil courts. In the second chapter, the author focuses in detail on the historical development of the institute of review appeal. Its important...
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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Application for an appeal review on the point of law in civil procedure
Hermanová, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis aims to describe the new regulation of the application for appeal review introduced by means of an amendment to the Civil Procedure Code made by the act No. 404/2012 Sb. and to assess its compliance with the Constitution. During the preparation of this amendment a part of the Civil Procedure Code (specifically sec. 237 (1) c)) governing the admissibility of the discretionary application for appeal review was cancelled due to being in conflict with the Constitution by means of the decision of the Constitutional Court of 21 February 2012, file No. Pl. ÚS 29/11. For that purpose, at first, the thesis deals with the application for appeal review itself and certain aspects of it, especially the role it has in the Czech legal system. Based on this general part a special part is built dealing with the admissibility of the application for appeal review. Firstly, the admissibility under the old legislation is described, after that the conclusions of the Constitutional Court are critically examined and, finally, the new legislation is described and confronted with the findings of the Constitutional Court. The Constitutional Court criticized the old legislation for not being sufficiently predictable. It concluded that in order for the new legislation to comply with the Constitution the potential...
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