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Procedural requirements of civil proceedings
Lašová, Nikola ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis focuses on the "Procedural requirements of civil proceedings". A fulfilment of procedural requirements is a prerequisite for issuing a decision in a case. Legal experts distinguish among three groups of procedural requirements: procedural requirements related to the court, procedural requirements related to the parties and negative procedural requirements. In my thesis I have also decided to analyze material procedural requirements as they are considered by many scholars being procedural requirements as well. The reason scholars acknowledge material procedural requirements as a separate group of procedural requirements is that a failure to fulfil causes similar consequences as a failure to fulfil other procedural requirements. The thesis is divided into four chapters, each chapter deals with one group of procedural requirements and includes a detailed description of particular procedural requirement, examination of the requirement and consequences of the failure to fulfil. The first chapter deals with procedural requirements related to the court. The first part of this chapter analyzes civil jurisdiction. In order to define civil jurisdiction, it describes different legal theories of private and public law and extensions and limitations of court's jurisdiction. The second part of the...
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Set-off Defence in International Commercial Arbitration
Hock, Branislav ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Set-off is meant to be one of the most important defences in arbitration proceedings. About 15 - 20 per cent of all international arbitrations involve set-off defence. There is not much dispute about the possibility to virtually extinguish mutual claims of the parties however national concepts of set-off differ dramatically. Moreover, in contrast to most other legal mechanisms set-off is always formed by no less than two obligations. These obligations may be regarded differently and be subject to different laws which can lead to a series of difficult questions regarding not only choice-of-law but also judicial competence. The centrum of the controversy lays in the situation when the defendant raises his cross-claim, which falls outside the scope of an arbitration agreement, to be mutually offset. Arbitrators can be in a very difficult position as they have to find, in the absence of any clear rule, reasonable limits of the adjudication of set-off. This work aims to find out what should be the limits of the adjudication of set-off with the cross-claim over which the tribunal normally wouldn't be competent to decide. There is offered a legal framework with a set of good practices which should be followed in order to strengthen legal certainty, procedural efficiency and effective functioning of...
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Procedural position of a person whose domicile is unknown in light of "Brussels I Regulation"
Širůčková, Pavlína ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
Procedural position of a person whose domicile is unknown in light of "Brussels I Regulation" One of the results of the removal of obstacles that previously used to prevent EU citizens from moving into another member state is, among others, an increase in the number of contracts entered into with nationals from other member states. Connected therewith there has been an increase in the number of cases involving a foreign element taken before courts of the member states. Many of those cases are in fact brought against persons whose domiciles are unknown. To be precise, in practice it is defendants on whom it is not possible to serve the process and at the same time the court has no information regarding their domiciles. Not only is it impossible to find out whether they are in the Czech Republic, but the question is whether they are in the EU at all. In such a case it is necessary to consider whether it is possible to apply the rules of Brussels I Regulation, whose operation is based on the principle of domicile of the sued party, for the determination of jurisdiction in proceedings against such defendants. Besides this basic issue the paper also deals with the assessment of whether it is possible to apply, in the proceedings against a person whose domicile is unknown, domestic institutes which are...
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Set-off Defence in International Commercial Arbitration
Hock, Branislav ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Set-off is meant to be one of the most important defences in arbitration proceedings. About 15 - 20 per cent of all international arbitrations involve set-off defence. There is not much dispute about the possibility to virtually extinguish mutual claims of the parties however national concepts of set-off differ dramatically. Moreover, in contrast to most other legal mechanisms set-off is always formed by no less than two obligations. These obligations may be regarded differently and be subject to different laws which can lead to a series of difficult questions regarding not only choice-of-law but also judicial competence. The centrum of the controversy lays in the situation when the defendant raises his cross-claim, which falls outside the scope of an arbitration agreement, to be mutually offset. Arbitrators can be in a very difficult position as they have to find, in the absence of any clear rule, reasonable limits of the adjudication of set-off. This work aims to find out what should be the limits of the adjudication of set-off with the cross-claim over which the tribunal normally wouldn't be competent to decide. There is offered a legal framework with a set of good practices which should be followed in order to strengthen legal certainty, procedural efficiency and effective functioning of...
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European Area of Justice - Brusses I Regulation
Patočka, Radim ; Grmelová, Nicole (advisor) ; Kotoučová, Jiřina (referee)
The scope of this thesis is regulation (EC)No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. The provisions of Regulation is aiming the improvement and simplification of the recognition and enforcement of foreign judgements within the territory of the EU. According to the title of regulation this tesis is diveded in several parts explaining the key elements of developing the other maxime of the EU-free movement of judgements. First part includes the general fundamentals for determination of jurisdiction in cases with transborder element which is essential for aplication of this regulation as a part of legislation on international private law. Thanks to the nearly identical wording of Brussels I Regulation and Convention dealing with the same matter from the year 1968, all legal opinions of European Court of Justice related to that Convention can be invoked nowdays. Second part and third part turn to recognition and enforcement of foreign judgements in order to ensure the situation when "the declaration that a judgement is enforceable should be issued virtually automatically after purely formal checks of the documents supplied, without there being any possibility for the court to raise of its own motion on any of the ground for non-enforcement provided by this Regulation". The last part contents future trend in this sphere which can be seen from application of other regulation (European enforcement order, European order for payment procedure)giving rise to rapid and simple mechanism in specific cases. Especially it treats of cancellation special exequator proceeding which should be undertaken to achieve that foreign judgement would be enforceable.
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