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Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The goal of this thesis is to thoroughly elaborate about possible arrangements of situation of a child after the break-up of their parents, with focus on specifics of joint custody. The aim is also to critically evaluate corresponding practices of the Czech Constitutional Court and to put current legal regulations into historical and comparative context. The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter the marriage, cohabitation and differences between these two is discussed. A brief description of how the law in question evolved is included as well. The interest of a child is also characterized, as it is the primary consideration when (not only) courts are deciding about children. Third chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their...
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Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
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Mediation in civil matters
Novotná, Aneta ; Frintová, Dita (advisor) ; Macková, Alena (referee)
- Mediation in civil matters The purpose of the thesis is detailed analys of mediation as the type of alternative dispute resolution, its basic principles and elements, all in confrontation with Czech legal enactment of mediation and in connection with other legislation. The thesis should provide an overview of implanting the mediation into the legal system of Czech Republic, interconnetion with concerned branches of law, especially with Civil Procedural Law. The reflections of the author are focused especially on the question, if the recent legislative regulation of mediation in Czech Republic helps to establish mediation as the standard and demanded type of dispute resolution in the eyes of both professional and laic public, there are also the reasoning on the alternative variants of legal regulation of mediation and reflections de lege ferenda contained. The first chapter presents the ADR as the set of procedures different from court proceedings determined to dispute settlement, among which the mediation belongs too. The purpose of this part of the thesis was especially comparison of the mediation with other types of alternative dispute resolution, particularly the arbitration. The next chapter defines mediation itself, with the special emphasis on the analys of legislative definition of the...
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Arbitral award as an execution title
Hanzlíková, Barbora ; Macková, Alena (advisor) ; Frintová, Dita (referee)
I chose the subject of this thesis because of its recency. The arbitration decisions belong among the most problematic execution titles, whose execution often end up being discontinued. The case law dealing with the validity of the arbitration clauses and the enforcement of the arbitration decisions has undergone dramatic developments. Despite legislative changes responding to the problematic situations which have been happening in practice, there are still many issues that need to be clarified. The judicial practice of the courts is not unified in many cases. The legal certainty of the participants of the arbitration and execution proceedings is impaired and their legitimate expectations are not always met. The thesis concerns primarily with the circumstances that may lead to dismissal of the execution order or to the suspension of the execution proceeding, in particular, these circumstances are errors in the delivery of the arbitration decision, non-transparent selection of the arbitrator, incompatibility with good morals, in the case of consumer disputes the imbalance in the rights and obligations of the parties and the absence of obligatory instructions in the arbitration proceedings. It also deals with the procedure of the execution court when reviewing the arbitration decision, resp. the...
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Instruments of preparatory stage of civil proceeding
Čičmanec, Adam ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Instruments of preparatory stage of civil proceeding Abstract Preparatory proceeding is one of the stages of civil procedure and involves complex of procedures granting the presiding judge an opportunity to clarify the fundementals of dispute, both legal and factual, to acquaint parties to the suit with anticipated course of legal proceeding and to secure efficient proceeding. One of the most distinctive features of the Czech civil proceeding is predominantly discursive and lengthy manner in which judges aporoach the case management. The preparatory stage plays critical role in determining the actual length and overall course of civil proceeding. Contrary to majority of other modern legal systems Czech law, legal doctrine and practise of the courts still somehow neglect the above mentioned importance of this stage. Moreover, this fact is admittedly linked to Czech system of civil proceeding still mainly embracing so called piecemeal type of civil proceedings where the pleading stage is followed by several short hearings where evidence and arguments are collected, instead of main hearing model widely accepted by countries taking significance of preparatory stage into account. The goals of this essay were to evaluate different instruments that Czech civil procedure law provides the judges during preparatory...
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Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter I discuss the marriage, cohabitation and differences between these two. A brief description of how the law in question evolved is included as well. Second chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their specifics are described and an overview of interpretation issues resulting from regulations and laws is given. The section is also supported by findings from the field of psychology regarding forms of custody with focus on joint custody and parent alienation syndrome. A section about child perception of a divorce is also included. Next chapter depicts visitations between a child and their parents and also between the child and other persons. The interest of a child is also characterized, as...
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Action for retrial and for nullity
Korbelová, Kateřina ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Action for retrial and for nullity Abstract This diploma thesis deals with action for retrial and for nullity. The aim is to provide a systematic interpretation about both of these institutes and characterize them in a system of extraordinary remedies. Although both of them are regulated in part four chapter two of the Act No. 99/1963 Coll., Civil Procedure Code, as amended, their respective purposes are completely different. Action for retrial serves for a remedy of factual defects as a final decision could not stand due to a fundamental change of facts whereas action for nullity serves for a remedy of important procedural defects which affected court decision itself or proceeding preceding it. Both institutes can challenge a final decision and break the legal certainty brought by it. This diploma thesis contains four chapters. The first of them deals with remedial systems and remedies containing a brief characteristic of individual types of remedial systems and remedies. The second chapter addressing action for retrial and the third chapter dealing with action for nullity represent main parts of the thesis. Division into subchapters is almost identical for both of them and the subchapters cover the following topics: historical development of both institutes, conditions of and grounds for admissibility,...
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Enforcement of judgments in family cases
Brhlíková, Pavla ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...
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Application for an appeal rewiev in civil procedure
Jaroš, Adam ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The Application for an appeal review in civil court proceedings is an exceptional remedy, which may brought against final decisions of the Court of appeal. Through the application for an appeal review the Supreme Court of the Czech Republic not only corrects the defects of legal decisions of courts of appeal, but at the same time it keeps an eye on the unification of the decision-making practice of the courts of appeal. The legal regulation of the application for an appeal review is contained in particular in the Code of civil procedure, as amended, and its minor styling techniques can be found also in the Act on the special legal proceedings, and in the Act on courts and judges. Due to quite complicated legislation and high procedural demands that are placed on the application for an appeal review, is this extraordinary legal remedy a frequent subject of the decisions of the Supreme and the Constitutional Court, whose conclusions are in many decisions fundamentally distinguishing. These contradictions in such conclusions often makes legal regulation of an application for an appeal review even less transparent. The Code of civil procedure lays down the fundamental prerequisites to the admissibility of the application for an appeal review and its requirements. In the preparation of the application...
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Means of evidence in civil procedure
Bouška, Bohumír ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Summary: The diploma thesis deals with one of current subject matter in civil law, a problem of evidence used in the civil procedures. This issue is in the centre of civil procedure because we can resolve any case with fair decision only by clarifying the factual situation between litigants. The importance of this issue isn't just for civil procedure, but for every legal action as well. The basics of the legal regulation represent two main civil codes. First of all it is Act. No. 99/1963 Coll., Code of Civil Procedure, as amended, which regulates the most important part of all civil procedures, in Czech legal theory so-called "dispute civil procedure". The second Act. No. 292/2013 Coll, special civil procedure, regulates other civil procedure with different principles, Czech legal theory called them "undisputed civil procedures". The aim of thesis is to analyse all the problems in regulation of evidences (law regulations, jurisprudence and Czech legal theory). The thesis also points out possible future changes in regulations. The thesis is divided into three basic parts. The first part explains the basic legal terms like a burden of proof and evidence. There are explained the most important terms. The second part of the thesis deals with evidences, which are regulated by Code of Civil procedure. It is the...
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