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Reimbursement of costs in trial proceedings and enforcement proceedings
Jelínek, Lukáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of the thesis Reimbursement of costs in trial proceedings and enforcement proceedings is to provide a comprehensive view of the legal regulation on the topic of reimbursement of costs in trial and enforcement proceedings and subsequently to critically evaluate this regulation and to try to find a way to more appropriate solutions. The thesis consists of an introduction, two parts dealing separately with the reimbursement of costs in trial proceedings and the reimbursement of costs in the enforcement proceedings and a conclusion. The introduction specifies the topic of the thesis and its purpose. The first part of the thesis, which covers the reimbursement of costs in the trial proceedings, is divided into seven chapters. The first chapter generally defines the concept of costs. The second chapter then describes the specific types of costs that may be incurred in trial proceedings. The third chapter discusses the aspect of efficiency of costs, which is a very important factor in the decision to pay the costs. The subject of the fourth chapter is the specification of the obligation to pay the costs. The fifth chapter describes in detail the reimbursement of costs of the contentious trial proceedings, both in terms of legislation and in terms of general principles that are relevant to the...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Kubíček, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?" Thesis is dived into three parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The part is concluded with description of the goals of costs in proceedings and types of systems of reimbursement of costs. The first part of the thesis is concerned with reimbursement of costs in trial proceedings. The first chapter starts with reimbursement of costs in trial and adversarial proceedings. This chapter is the most extensive. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. The second chapter is concerned with reimbursement of costs in trial and non-adversarial proceedings. This...
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Costs of civil trial proceedings
Konůpková, Simona ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The thesis focuses on the costs of civil trial proceedings. The topic of the thesis is up to date and very important. My objective is to provide a description of the current legal regulations of costs of civil trial proceedings with a focus on problems in practise. This thesis refers to many actual case laws. I also used my own experiences gained at the law firm as well as at the court where I worked for more than 3 years. The thesis is aimed onto 2 main parts - existing legal regulation and future legal regulation. The first part is devided into 8 chapters that explain in detail the provision from 137 to 151 of Civil Procedure Code (Act no. 99/1963 Coll.) and others important legislation. The first chapter explains the concept of the costs of civil trial proceedings. The second chapter describes the individual types of costs. The list of the costs is illustrated and consists of expenditures of participants and their representatives, including court fees, lost earnings of participant and their legal representatives, costs of evidence, interpretation costs, compensation for value addes tax, representation fees and mediator's remuneration. The third chapter deals with the exemption from court fees. This is the way how parties can apply their right to acces the court. The next chapter explains the...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Kubíček, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?". Thesis is dived into four parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. In the first part author briefly defines terms trial proceedings and enforcement proceedings in order to clarify subject of the thesis. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The second part of the thesis is concerned with reimbursement of costs in trial and adversarial proceedings. This part is the most extenstive and most evaluated. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. Third part is concerned with reimbursement of costs in trial and non-adversarial proceedings. Third part is divided into three chapters according to the...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Šedivá, Lucie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes the main aspects related to reimbursement of costs in the two kinds of civil procedure. Reimbursement of costs is seen as a secondary topic, but can cause serious property issues to the parties. The purpose of this thesis is to provide a comprehensive look at the issue of reimbursement of costs in trial and enforcement proceedings. The thesis is composed of an introduction, two main sections which are dealing with reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings and conclusion. In the introduction I'm dealing with the reasons why I've chosen this topic. The actual text of the thesis is divided into two main parts - reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings. The first part deals with selected kinds of costs, with an emphasis on case law, and also deals with the issues connected with the abolition of regulation No. 484/2000 Coll. Within subchapters 1.2 and 1.3 I analyze reimbursement of costs in the contentious and non-contentious proceedings, individual principles governing the reimbursement of costs and institutes related to reimbursement, specifically pre- action appeal and the...
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