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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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Resolution of the General Meeting of Limited Liability Company
Mach, Lukáš ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
- Resolution of the General Meeting of Limited Liability Company The subject of this diploma thesis is Resolution of the General Meeting of Limited Liability Company. Since legal character of a resolution is mainly determined by how a legal order defines legal persons and juridical acts, the first part of this thesis discusses the theoretical grounds of legal (artificial) persons. The specifics of the current legal regulation are also mentioned afterwards. These general conceptions are then applied to the specifics of the Czech legal order and limited liability company respectively. The second chapter looks into the function of the general meeting. Specifically, issues such as convening and powers of the general meeting or attendace and voting at the general meeting, are dealt with. The third chapter analyzes the resolution of the general meeting itself. It begins with a brief historical excursion to the concept of the legal nature of the resolution. Then it looks for an answer on how the resolution is percieved nowadays. It follows the conclusions found in chapter one, when it deals in more detail with the question of whose will is manifested in the resolution of the general meeting. Furthermore, a short explanation of the juridical acts is provided. The thesis then proceeds in logical order by...
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Fine ways of the enforcement of judgement for pecuniary claim amount
Kázsmérová, Adriana ; Kotoučová, Jiřina (advisor) ; Češková, Marie (referee)
This Bachelor's thesis describes the enforcement of judgement as an independent institute and compares it with the executory procedure. It is also dealing with the legal essentials of the enforcement of judgement as much as with the participation of foreign components. The main purpose of this thesis is to deepen the knowledge in the sphere of its chosen ways, that is order of court claim. From the point of view of the law this subject is really extensive. Consequently it is divided into individual chapters. Each of them analyses one type of order of court claim, which is different, depending on the object about which has to be decided. It also offers a clarification of nuisance and intangible claims and the procedure of replacement by the bailiff.
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