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Provisional Measures in Adversarial Civil Procedure
Vnoučková, Michaela ; Holčapek, Tomáš (advisor) ; Smolík, Petr (referee)
Provisional Measures in Adversarial Civil Procedure Abstract This diploma thesis is concerned with Provisional Measures in Adversarial Civil Procedure, i.e. with the legal regulation of the Provisional Measures imposed in proceedings pursuant to Act No. 99/1963 Coll., The Civil Procedure Code, as amended (hereinafter the "Civil Procedure Code"). The Provisional Measures are a procedural institute designed to deal with situations where there is an urgent need to temporarily adjust the legal relationships of the participants or to ensure the enforcement of decisions. However, imposing a Provisional Measure does not constitute a definitive solution, since the duration of a Provisional Measure is always limited by time and a successful petitioner will usually initiate a procedure regarding the merits of the case, which will then resolve the case definitively. However, the outcome of a Provisional Procedure does not fundamentally affect the following meritorious judicial decision. Since the subject of Provisional Measures in civil procedure has been processed many times by students of various law faculties, this thesis also focuses on two sub-institutes of Provisional Measures in Adversarial Procedure, which are damages and compensation for other harm caused by Provisional Measures and security deposited for the...
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