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Action for retrial and for nullity
Váňa, Pavel ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Action for retrial and for nullity Abstract This diploma thesis presents two institutes of Czech civil procedural law - an action for retrial and an action for nullity. Both actions are considered extraordinary remedies under Czech law and both can challenge a final court decision. An action for retrial serves to rectify defects in factual findings; an action for nullity serves to rectify procedural defects. Specific court decisions of the district, regional, and high courts are demonstrated in the thesis and prove that despite the scarce employment, the position of the actions within the legal system is justified and deserved. Both actions can further be found, slightly modified, in the upcoming new Civil Procedure Code, which should in the future replace the current Civil Procedure Code. The thesis presents several partial aims and one main aim. The partial aims are to introduce to the reader the actions for retrial and for nullity, to analyse their frequency and the reasons for which the actions were granted, and to make a comparison of Czech and Swedish civil procedural law. Fulfilling the partial aims accomplishes the main goal of the thesis: to provide a critical analysis of the substantive intent of the Civil Procedure Code based on the acquired knowledge. The diploma thesis is divided into six...
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Judgment by Default
Wenig, Adam ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 Judgment by Default Abstract Judgment by default is a special type of a judgment on the merits, which serves as a tool against intentional delays in judicial proceedings. Due to the not negligible role of this type of a judgment, the purpose of this master's thesis is to evaluate the current state of legislation with regards to the selected fundamental theoretical aspects, historical development of the legislation, selected constitutional principles and recently proposed new legislation. The first chapter analyzes the basic theoretical foundations of default judgments. The essence of the term contumacy as well as factual presumptions, on the basis of which the courts issue default judgments, are presented therein. This chapter also explains why it is not possible to consider a default to be a procedural act of a party to proceedings and why a default judgment is only applicable in civil proceedings. Furthermore, the essential differences between judgments by default and judgments of acknowledgment are pointed out. The second chapter describes the historical development of default judgment regulation since the Roman law times. The most attention is paid to the Civil Procedure Code of 1895 because of its significant influence on the current legislation. In the third chapter, the constitutional conformity of...
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