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Execution proceeding. Selected aspects of the position and activity of private Executors.
Nešpor Nováková, Hana ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
AND KEY WORDS Thesis focused on: Execution proceeding. Selected aspects of the position and activity of private Executors. Key words: Private Executor. Code of Execution. Actual problems of legal regulation of Private Executors. This thesis is devoted to the topic of private Executors. The Author focuses on selected aspects of status of private Executors and their execution activity, the interesting and current ones. The private Executor, natural person, has to meet legal requirements and be appointed by the Minister of Justice. The private Executor enforces that obligations, which have not been fulfilled voluntarily. This is an intervention to a person`s privacy, which makes them unpopular. In addition, public perceive of the Executors and debt collectors (not regulated by the Code of executions neither the Code of Civil procedure and often acting on the edge of the law), as the same institute. Therefore, a short chapter addresses the issue of this problematics. As well this chapter deals with Insolvency Administrators, because their status is commonly compared with status of Executors, and also there is comparison of their remunerations. The Executor can employ the executor`s apprentice and a candidate. These persons strive to be appointed to an executioner office pro futuro. Private Executor is...
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Incidental disputes in insolvency
Pavlů, Robert ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Incidental disputes in insolvency Abstract, key words This thesis focuses on the issue of incidental disputes in insolvency proceedings with an emphasis on the different types of such disputes, pointing out some problematic aspects of the current legislation. Incidental dispute is a special type of civil court proceedings, the purpose of which is to resolve issues that are central to the whole insolvency proceedings and cannot be resolved in the insolvency proceedings themselves and thus require separate attention. Decisions in such disputes can have a fundamental impact on the rights of litigants and third parties, which underlines their importance not only in the insolvency context. This thesis conducts a thorough analysis of the legal regulation of incidental disputes in insolvency proceedings, drawing on legislation, case law, specialist literature and, last but not least, the practical experience of the author as an assistant of an insolvency practitioner with a special authorization. The thesis first deals with the general concept of incidental disputes, their characteristics, legal regulation and the course of court proceedings concerning them. It then focuses on the different types of incidental disputes as provided for in the Insolvency Act and other relevant legislation. This thesis also refers...
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Alternative Dispute Resolution in Civil Disputes between Patients and Heathcare Providers
Syrová, Adéla ; Holčapek, Tomáš (advisor) ; Svatoš, Martin (referee)
Alternative Dispute Resolution in Civil Disputes between Patients and Heathcare Providers Abstract This thesis is centered on addressing the use of alternative dispute resolution (ADR) methods concerning conflict resolution between healthcare providers and patients in the Czech Republic. The initial chapter delves into the substantive aspects of ADR in civil disputes within the healthcare sector. The first subchapter provides a brief overview of the civil liability of healthcare providers. Subchapter two explores the doctor-patient relationship, shedding light on some of its problematic facets that can lead to conflicts. Chapter three focuses on ADR. It not only defines the concept of alternative dispute resolution but also employs charts to compare mediation and litigation, highlighting the potential of ADR. The subsequent subchapter outlines the characteristics of ADR. While a complaint isn't strictly considered an ADR method, it plays a crucial role in the healthcare sector, acting as a precursor to the ADR process. Thus, the following section delves into the complaint mechanism and the individuals responsible for handling complaints, including hospital ombudsmen, lawyers, and the Public Defender of Rights. Subsequent subchapters then enumerate various ADR methods applicable to healthcare, specifically...
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Judicial Review of Decision of the Body of a Legal Entity
Šmídová, Tereza ; Holčapek, Tomáš (advisor) ; Frintová, Dita (referee)
Judicial Review of Decision of the Body of a Legal Entity Abstract This thesis contains a comprehensive analysis of the currently effective regulation of a category of proceedings that can be described as a review of decisions of the body of a legal entity. This category includes proceedings for the declaration of invalidity and proceedings for the determination of non-existence of a decision of body of a legal entity. The thesis starts with introduction continues with four main chapters and follows with last chapter dedicated to conclusion. In the introductory chapters (chapters one and two), the thesis deals with general explanations on the nature of this institute, a brief definition of the difference between invalidity and non-existence (nullity) and the limits of review as to the specific decisions of the body of a legal entity that can be reviewed in this way and from which aspects. Furthermore, the thesis discusses the procedural definition of these types of proceedings under the current effective legislation as non-contentious proceedings (including a brief description of the characteristics of contentious and non-contentious proceedings), including an authorial assessment of the construct of the definition of the status of legal entity specific only to these described proceedings introduced by the...
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Loss of chance in Czech and English law
Friš, Michal ; Holčapek, Tomáš (referee)
Loss of chance in Czech and English law Abstract This thesis focuses on the issue of the loss of chance doctrine. This doctrine enters the field of liability by creating a new type of loss. This new type of harm consists of the lost chance for a better outcome instead of the outcome itself. This thesis analyses English law and Czech law approaches to the loss of chance doctrine with main focus on the area of healthcare law. The thesis provides the reader also with the circumstances which formulate the relationship of both English and Czech courts to this doctrine and its use in the area of healthcare law. Both approaches to the loss of chance doctrine are also compared. In this thesis analytical, research and comparative methods are used in order to provide a complex analysis of the issue and in order to answer the question of the possibility of using the loss of chance doctrine. Main focus is on the question of the use of the loss of chance doctrine within Czech law. The reached conclusion is that the doctrine can and should be used by Czech courts. This conclusion is supported by the interpretation of relevant Czech statute and by the argumentation based on the values of law and on the purpose of law. Within a debate the opinions towards the doctrine contained in the relevant caselaw and academic writings...
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Pre-action disclosure of information and evidence
Šindler, Matěj ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Pre-action disclosure of information and evidence Information asymmetry or information deficit is a phenomenon where a party to civil litigation is objectively unable to carry its burden of allegation or proof because the relevant information and evidence is completely beyond its reach and there is no way the party could have obtained it through its own activity. In such cases, there is a risk that, due to the party's information deficit, the party will not be able to seek effective judicial protection and will not be able to effectively enforce its subjective rights. Such a situation has negative consequences both for the affected party and for society as a whole, since the consistent exercise of subjective rights also provides protection to objective rights. For this reason, it is essential to address the problem of the information deficit, preferably even before litigation is initiated. The topic of overcoming the information deficit is becoming increasingly relevant, as increasingly complex legal relations between private law subjects entail more complex disputes over the law, which are often accompanied by information asymmetry between the parties to the dispute. This master's thesis explores the basis for overcoming the information deficit and the specific measures used to address this...
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The proceedings in status matters of legal entities
Kroupa, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
The proceedings in status matters of legal entities Abstract The diploma thesis deals with the issue of proceedings in status matters of legal entities, which are conducted according to the procedural regulation contained in the Act on Proceedings in Matters of Non-contenious Jurisdiction. The diploma thesis uses a descriptive method of these proceedings, with elements of comparison. In its introduction, the working hypotheses are set out, which I aimed to answer in the conclusion by examining the issue. These working hypotheses relate to the question of comparison of the institution of the legal status of legal entities used by substantive law versus the concept of legal entities' status matters used by procedural law. The next working hypothesis is the question whether proceedings in status matters of legal entities are non-contenious proceedings. The last working hypothesis concerns the question whether the decisions given by the courts in those proceedings are merely constitutive or also declaratory. First, the theoretical level of the thesis deals with the definition of the basic concepts that are closely related to the topic of the thesis and which are further elaborated in the thesis or are important in terms of answering the hypotheses. First of all, the thesis defines the basic theoretical...
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Comparison of Czech and German legal regulation of appellate review
Vaculínová, Julie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and German legal regulation of appellate review Abstract The purpose of the master's thesis is to describe and subsequently compare the appellate review in the civil procedure in the Czech and German legal regulations, namely in the light of the upcoming recodification of civil procedure in the Czech Republic. The appellate review is a remedial measure which aims to review the challenged decision of the appellate court from the legal point of view. The role of the appellate review is to unify case law and to ensure justice in individual cases. While in the Czech Republic the appellate review is conceived as an extraordinary remedial measure, in Germany it is a regular legal remedy. This difference determines most of the elements of the appellate review. The thesis is composed of an introduction, seven chapters and a conclusion, including the author's de lege ferenda suggestions. The chapters first introduce the topic, continue with a description of a particular element of the appellate review in the Czech and German legislation, and conclude with a comparison and evaluation of the author. The subchapters addressing the Czech legal regulation also contains de lege ferenda suggestions, particularly with respect to the substantive intent of the Code of Civil Procedure. Chapter One first...
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Hearing in the civil proceedings in the Czech republic an the USA
Kocumová, Zora ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Hearing in the civil proceedings in the Czech Republic and the USA This thesis focuses on the regulation of litigation in civil procedural law in the Czech Republic and the United States of America, describing the two and comparing them based on the gained knowledge about them. The first chapter is devoted to the general regulation of civil procedural law in both countries so that the terminology explained can be followed up with an interpretation. The similarities in the regulation of the basics of procedural law are mentioned, as well as the differences concerning, in particular, the existence of a two-track court system in the United States and the composition of the court, where the decision-making element of the jury, which is encountered in the legislation in the United States, plays a large role. The second chapter is devoted to the hearing of the case itself, either without or with an oral hearing. Greater attention is then given to the conduct of the hearing itself in both arrangements, including its preparation, opening, evidence, concentration and briefing, adjournment, and, last but not least, the announcement of the decision. The third chapter focuses on the comparison of the Czech and American regulations and the possibilities of their mutual improvement. The third chapter then...
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Procedural community
Kroupa, Šimon ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural community Abstract In civil litigation, it is often possible to encounter a multiplicity of actors on one side of the proceedings; such procedural situation is referred to as a procedural community. According to the current Czech legal regulation of the legal institute in question, which can be considered relatively short, a distinction is made between a separate community and inseparable community in a legal proceeding; the distinguishing criterion here is the nature of the subject matter of the proceedings arising from material law. The thesis first provides an analysis of the previous historical legislation and the theory of the procedural community, and then proceeds with a thorough analysis of the current law. In this respect, the interconnection of the procedural community with various areas and institutes of the civil procedure, such as remedies, local court jurisdiction, injunctive proceedings, costs of the proceedings, main intervention, etc., is commented upon. At the same time, the thesis points out some problems related to the procedural community and tries to provide a proposal for their solution, sometimes also partly with the help of theoretical concepts. A substantial portion of the thesis is devoted to the comparative part, in which the author takes a closer look at the...
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