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Procedural acts of the Parties to the Proceedings
Havlíková, Anna ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural acts of the Parties to the Proceedings Abstract The submitted diploma thesis is devoted to procedural acts of the parties to the proceedings, which we understand as every expression of will of a party to the proceedings as a result of which a civil procedural relationship arises, changes or ceases. As the title of the thesis suggests, main focus of the thesis are procedural acts of the parties to the proceedings, not participants in the proceedings. The term used in the current legislation is "participant in the proceedings", not "party to the proceedings", however, for the purposes of this thesis, the term "parties to the proceedings" denotes parties to the contentious proceedings, i. e. the claimant and the defendant. According to the author of this thesis, the term "party to the proceedings" better reflects the adversarial position of the parties to the proceedings defending their conflicting interests in the proceedings. In conclusion, the subject of this thesis are procedural acts of the parties to the contentious proceedings, i. e. the claimant and the defendant. This diploma thesis is divided into six chapters. The first chapter contains a definition of terms procedural acts and parties to the proceedings. The second chapter is devoted to the requirements of procedural acts of the parties...
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Disposition of civil action
Mauerová, Eliška ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Disposition of civil action This thesis deals with the procedural acts that a plaintiff may use to dispose of their civil action. The plaintiff may exercise dispositive powers by defining the factual basis or the cause of action. These instruments include the withdrawal of the action and the amendment of the action. Furthermore, the plaintiff may dispose of their action through a change in the parties to the proceedings. Such includes the intervention ofa party to the proceedings, substitution of parties, and procedural succession by singular succession. The plaintiff is considered the master of the proceedings. Under certain conditions, however, the legislation provides the defendant with a right of disposal. Such allows the defendant to assert their claim against the plaintiff through a counterclaim. The first part of the thesis deals with the general concept of the action and defines its mandatory elements and its different types. At the same time, the first part focuses on the dispositive principle, indivisibly linked to the topic of this thesis. The second part of the thesis deals with the individual dispositive acts by which the plaintiff and, under certain conditions, the defendant may dispose of the subject matter of the proceedings. These dispositive acts include withdrawal of the action,...
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