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Hearing in the civil proceedings in the Czech republic an the USA
Kocumová, Zora ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Hearing in the civil proceedings in the Czech Republic and the USA This thesis focuses on the regulation of litigation in civil procedural law in the Czech Republic and the United States of America, describing the two and comparing them based on the gained knowledge about them. The first chapter is devoted to the general regulation of civil procedural law in both countries so that the terminology explained can be followed up with an interpretation. The similarities in the regulation of the basics of procedural law are mentioned, as well as the differences concerning, in particular, the existence of a two-track court system in the United States and the composition of the court, where the decision-making element of the jury, which is encountered in the legislation in the United States, plays a large role. The second chapter is devoted to the hearing of the case itself, either without or with an oral hearing. Greater attention is then given to the conduct of the hearing itself in both arrangements, including its preparation, opening, evidence, concentration and briefing, adjournment, and, last but not least, the announcement of the decision. The third chapter focuses on the comparison of the Czech and American regulations and the possibilities of their mutual improvement. The third chapter then...
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Constitutive legal actions
Hendrychová, Veronika ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Constitutive legal actions Abstract The topic of this thesis are constitutive legal actions, which are recognised as a separate category of actions in theory and are even envisaged to be explicitly enshrined in the law in the future. In contrast to actions for performance or actions for a declaration, constitutive actions are aimed at the issuance of a constitutive decision that creates, modifies or terminates a substantive legal relationship. Except in exceptional cases, where analogy may be considered, such constitution of legal relations requires express statutory authorisation. This is the basis for the specific status of constitutive legal actions and the proceedings in respect thereof. Even though constitutive actions have many specific features, they are treated as classic contentious proceedings. These specific features include especially the modification of the dispositive principle, the application of the investigative principle and the absence of adversarial status of the parties. Nevertheless, these specific features in fact negate the very nature of contentious proceedings and the legislation does not provide a suitable solution for them. The referred to specific features are thus used in this thesis as one of the keys to answering the question whether constitutional actions should indeed be...
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Litigations in the Czech civil lawsuits - possibilities and bounds of their implementation
Úlehlová, Simona ; Smolík, Petr (advisor) ; Vyskočilová, Silvia (referee)
Title: Litigations in the Czech Civil Lawsuits, Possibilities and Bounds of their Implementation The submitted thesis deals with the problematics of litigations in the adversary civil legal proceedings. It processes the topic from the conceptual point of view since while this is not an institute that would be completely new for the Czech adjustment of the civil legal proceedings, it was not a part of it for more than 70 years. As of now it should be used according to the substantive intent of the Code of Civil Procedure. In the beginning of the thesis, the legal basis of the researched institute is presented from several levels which in summary offers a complex overview of litigations and possibilities of their implementation into the Czech civil legal proceedings. The second part of the thesis defines those possible applications of litigations using comparative method. The chapter compares the concept of compulsory representation by the lawyer especially from the historical and international point of view. At the end the chapter also offers the Czech industry comparison meaning definition of the management where the Czech legislation anchors the compulsory representation by an advocate. The two following chapters deal with both positive and negative affects which would the implementation of...
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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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Hearing in Contentious Procedure
Kolodrubcová, Anna ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
1 Hearing in Contentious Procedure Abstract This rigorous thesis deals with a hearing as a key phase of a contentious procedure in which the presiding judge, in cooperation with the parties, takes evidence and undertakes other appropriate measures in order to ensure complete and fair hearing without undue delay in the proceedings. The primary aim of this rigorous thesis is to describe the course of a hearing in the contentious procedure, as well as to analyse its legal basis governed by the provisions of § 115 et seq. of Act No. 99/1963 Coll., Code of Civil Procedure, as amended. For the sake of clarity, the text of this rigorous thesis is divided into five parts marked with letters A to E, which then contain 11 chapters. Firstly, the essential concepts are defined in Part A. The concept of "contentious procedure" is defined, its parties and their adversarial positions are introduced, their procedural initiative is described, as well as the function of the contentious procedure itself. Subsequently, the key concept of a "hearing" and its purpose is defined. Part B outlines the fundamental principles of the civil procedure, in particular the adversarial principle, according to which the parties to the proceedings have the right to comment on all facts and all evidence; the principle of public hearing which...
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Dispositive principle in contentious and non-contentious proceedings
Hošek, Martin ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Dispositive principle in contentious and non-contentious proceedings Abstract This rigorous thesis is focused on the dispositive principle and its aplication in contentious and non-contentious proceedings. The dispositive principle is one of the main principles which constitute civil proceedings, contentious proceedings in particular. The aim of the dispositive principle is to establish who decides whether a proceeding is to be initiated, what is the subject of the proceeding and who has an influence on its course. The first chapter is related to civil procedure in general and its historic development since the ancient Rome until today. The other part of the chapter contains general definition of all types of civil procedure. The second chapter deals with civil trial proceedings. The first part is focused on contentious proceedings which are formed by the dispositive principle. On the contrary, non- contentious proceedings, which are the subject of the next part of the chapter, are formed by the principle of officiality. Nevertheless, the dispositive principle also applies in non- contentious proceedings. The author focuses on the main principles which form both proceedings. The author also describes how they proceed. The third chapter is dedicated to the dispositive principle in general. The author also...
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Changes in persons of parties to civil proceedings incontentious civil proceedings
Jebousek, Jakub ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Changes in persons of parties to civil proceedings in contentious civil proceedings Abstract The subject of thesis' research are changes, which can occur in persons of parties to civil proceedings in contentious civil proceedings. The main focus is therefore naturally concentrated on contentious civil proceedings, nevertheless, there are some passages about uncontentious civil proceedings incorporated into the theses. The reason why is that both proceedings belong to the same category of civil proceedings, original proceedings. They show in certain ways the same features, but it is necessary to clearly define and distinguish them because of their different purpose. The thesis' aim is to entirely cover changes in persons of parties to civil proceedings in contentious civil proceedings. Because of that there is an effective law arrangement described and critically evaluated in thesis, there are also some defects and suggested legislative changes de lege ferenda pointed out. The other subject of research is also case-law of domestic courts related to this issue. On the one hand, there is pointed out in some places on its conclucions, on the other hand, the case-law conclusions are sometimes subjects of criticism. Because the theses is mainly related to parties to civil proceedings, the first part of thesis...
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Secondary intervention
Hrma, Michal ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Secondary intervention The diploma thesis deals with the concept of secondary intervention, its definition, the issue of interpretation of the provision governing secondary intervention and comparison with Austrian legislation. The first chapter generally defines participation, in particular the capacity to be a party to proceedings or procedural capacity. It also contains a brief definition of the main intervention and its differences from the secondary intervention. The following chapter deals with the development of the legal regulations of this institute. The third chapter defines secondary intervention and its admissibility; any conditions which must be satisfied in order for the intervener to intervene in the proceedings. The core of the thesis is the fourth chapter, where the author tries to describe the main problems of the legal regulation, especially and not only the position of secondary intervention in proceedings before the court of first instance or in proceedings on remedies. The penultimate chapter describes forthcoming changes in the regulation of secondary intervention in the upcoming Civil Procedure Code. In the final chapter the author briefly compares the Czech legislation with the Austrian legislation. The outcome of studying this institute is a conclusion that the brevity of...
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Interim measures in civil procedure
Bartoňová, Gabriela ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Interim measures in civil procedure Abstract Interim measures in the Czech Republic serve the purpose of providing means to secure rights of a person who claims them. This security lasts for a limited time, until the court makes final decision concerning subject matter, or until this decision can be executed. Interim measure is thus only a temporary solution and must be followed by submitting the claim itself. The decision concerning interim measure must be reached quickly and without defendant's prior knowledge, otherwise the purpose of interim measure could be defeated. Because of that the plaintiff is given certain procedural advantages in interim measures proceedings. Thus, the priciple of equal treatment of the parties will not be implemented in the fullest, which is justified by specific nature of the interim measures and their temporary effect. Rights of the defendant are protected by security provided by the plaintiff, possible additional raise of this security and plaintiff's liability for damages. The principle of equal treatment of the parties is most disturbed during the procedure at the first instance court, because the defendant actually does not participate at all during this part of procedure. Current interim mesures legislation is implemented in Act no. 99/1963 Coll., Code of civil...
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