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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Types of civil procedure
Kratochvílová, Jitka ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The goal of my Master's degree thesis is to describe the relation between an action and a judgment. My paper is divided into 9 chapters and several subchapters. After a general introduction in chapter 1, I describe the civil procedure and its basic principles in chapter 2. Chapter 3 is focused on describing an action and a judgment separately. It defines both of these acts, an action as an act of a plaintiff, a judgment as an act of a court. This basic definition is followed by an explanation of what form must these two acts have (written, oral, electronic…) according to the Czech Civil Procedure Code. In the next subchapter I describe the main requirements of these two acts (an action - court address, names of a plaintiff and a respondent, names of their representatives…, a judgment - a verdict, a justification and guidance on appeals). Chapter 4 provides the relation between an action requirement and a judgment verdict. A plaintiff summarizes his/her requests in an action requirement. By that he/she is presenting the dispute to the court. The court deals with plaintiffs' requests in his verdict. We can say the verdict of the court is destined by the action requirement. In the last subchapter of chapter 4 I am presenting several examples of action requirements and judgment verdicts. In Chapter 5...
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Judgment and subject of the proceedings
Švarcová, Petra ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Judgment and subject of the proceedings Abstract This diploma thesis deals with the topic of the judgment and the subject of the proceedings. First, it analyses both concepts and then focuses on their relationship, both in litigation and in undisputed proceedings. The diploma thesis is divided into four separate chapters. The first chapter explains the concept of the subject of the proceedings, further deals with the claim, defines it and analyses its requirements, defines the claim petit and divides it into basic types, which it also specifies in more detail. It then focuses on the principle of disposition as a fundamental principle of litigation, which allows the parties to dispose of the subject of the proceedings or of the proceedings themselves. The second chapter describes the judgment. It first lists its requirements given by law and then specifies what its properties are. Subsequently, it also deals with the concepts of correction of the judgment and supplementation of the judgment. Last but not least it explains the different types of judgment according to various classification criteria. The third chapter analyses the relationship between the judgment and the subject of the proceedings in the dispute. It first briefly describes what litigation is at all, then focuses on the general definition of...
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Reasoning in the judgement as a part of the right to a fair trial
Ludva, Vít ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Reasoning in the judgement as a part of the right to a fair trial Abstract This thesis concerns the topic of legal reasoning in the judgements of civil law. As the issue of civil judgements is very broad, the thesis is focused only at reasoning in the judgements being issued in civil disputes, only in the form of judgments and resolutions (both on merits or not). For the same reason, the thesis is limited by the fact that it focuses exclusively on the reasoning of those judgements, which are issued only by the courts of first instance and the courts of appeal. The main focus of the thesis is therefore the legislation of reasoning in the judgement and resolution enshrined in the Code of Civil Procedure. Where appropriate, legislation de lege lata is compared with the possible future legislation of the civil process, which is currently presented in the draft law. Furthermore, it should be noted that the current legislation is supplemented by conclusions resulting from the case law of the Constitutional Court, the Supreme Court and the European Court for human rights. Last but not least, the whole topic of the reasoning in the judgements is set in the context of the right to a fair trial, because the right to justify the judgement is a significant part of it. In Introduction I explain my motivation, which led...
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Relationship between petition and judgment
Sommer, Lukáš ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
Rigorózní práce - Mgr. Lukáš Sommer - Vztah žaloby a rozsudku / Relationship between petition and judgment 1 Abstract This thesis focuses on the relationship between petition and judgment. Its first, mostly theoretical, chapter describes brief historical excursion to the evolution of the main concept of the civil procedure, the evolution of petition law. Second and third chapter are dealing with petition and judgment, their components, requirements, impacts, division etc. and their primal purpose is to familiarize the readers with this facts for better understanding of the relationship between petition and judgment. Finally, the fifth chapter of this thesis (most practical) constitutes the heart of my thesis and it is focused on the relationship between petition and judgment itself.
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Types of civil procedure
Kratochvílová, Jitka ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The goal of my Master's degree thesis is to describe the relation between an action and a judgment. My paper is divided into 9 chapters and several subchapters. After a general introduction in chapter 1, I describe the civil procedure and its basic principles in chapter 2. Chapter 3 is focused on describing an action and a judgment separately. It defines both of these acts, an action as an act of a plaintiff, a judgment as an act of a court. This basic definition is followed by an explanation of what form must these two acts have (written, oral, electronic…) according to the Czech Civil Procedure Code. In the next subchapter I describe the main requirements of these two acts (an action - court address, names of a plaintiff and a respondent, names of their representatives…, a judgment - a verdict, a justification and guidance on appeals). Chapter 4 provides the relation between an action requirement and a judgment verdict. A plaintiff summarizes his/her requests in an action requirement. By that he/she is presenting the dispute to the court. The court deals with plaintiffs' requests in his verdict. We can say the verdict of the court is destined by the action requirement. In the last subchapter of chapter 4 I am presenting several examples of action requirements and judgment verdicts. In Chapter 5...
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The claim and the judgment (mutual relation)
Kapuscinská, Kristína ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Univerzita Karlova v Praze Právnická fakulta Kristína Kapuscinská ŽALOBA A ROZSUDEK (VZÁJEMNÝ VZTAH) Diplomová práce Abstrakt v anglickém jazyce Action and Judgment (mutual relation) Action and judgment are the key instruments of procedural law. The central topic of my thesis is the mutual relation between them; nevertheless we can not define the mutual relation without the basic definitions and a brief description of the action and judgment as process instruments, especially concentrating on its requirements, so that it should be possible to formulate the essence of its procedural consistency. I tried to express its mutual relation and complex context in my thesis. The mutual relation is evident when interpreting the law action theories, which tried in more or less successful way to resolve the relation between substantive and procedural law. Finally, the whole development of the action is illustrated by the comparison with the system of actions in Roman law which were understood as pure substantive institutes. The mutual relation is reflected in the components of the action and judgment. It is clearly evident in the case of the petit and the body of judgment which follows. The mutual relation is also evident in the case of the dispositive acts, the applicant may within his procedural rights dispose of the...
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The case law of the Supreme Administrative Court in the international movement of goods
Polzerová, Veronika ; Zídková, Hana (advisor) ; Pavel, Jan (referee)
The aim of this work is the analysis of five judgments in which is pointed out on tax disputes related to issues of international trade and VAT. The theoretical part of this thesis deals with the rules for the application of VAT on the international movement of goods and basic principles of carousel frauds. The analytical part of this thesis deals with descriptive research of founded judgments of the Supreme Administrative Court in the term of 1. 1. 2010 -- 31. 10. 2013. The detailed analysis and the following synthesis of conclusions of judgments generalize rules arising from these specific issues.
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Preliminary ruling from Spanish courts to the Court of Justice in the area of consumer protection
Starková, Karolína ; Grmelová, Nicole (advisor) ; Sádaba, Félix (referee)
The Bachelor thesis provides the entire view of the functioning of the preliminary ruling and it is application in the area of consumer protection with concrete examples. This work is divided into theoretical and practical part. The theoretical passage is devoted to interpretation of the basic concept of proceedings for preliminary ruling, such as the admissibility, the content and facultative and obligatory submitted preliminary ruling. The practical part represents the identification and analysis of Spanish judgements. The reader is also acquainted with the Czech preliminary ruling in the area of consumer protection which is reflected in the statistics of the number of preliminary ruling for the 2010 -- 2014. According to the analysis and to the comparison of data regarding the number of Czech and Spanish preliminary ruling of consumer protection it is obvious that Spanish courts contribute more to the development of case-law of the Court of Justice in the area of consumer protection than the Czech courts.
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