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Theoretical and practical issues of community property of spouses
Kubešová, Silvia ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
My thesis deals with the complex institution of community property of spouses. After the short introduction which includes the survey of the development of community property of spouses on Czech territory, thesis characterises the theoretical and practical analysis of the important items of the community property of spouses. Generally spoken, thesis contains - besides introduction and conclusion - nine chapters. Each chapter is subdivided into several subchapters and some of them are subdivided into the parts. My thesis utilized achievements of the Czech expert literature as well as judicature of the Czech courts. Chapter One deals with the history of community property of spouses on the Czech territory. Chapter Two is concerned with the explanation of the formation of the community property of spouses. Chapter Three relates to the origin of community property of spouses. Chapter Four is addressed to the object. Chapter Five describes the contents of community property of spouses. Chapter Six examines the problems of the community property of spouses connected with business. Chapter last focuses on the problems of termination, restoration and settlement of community property of spouses. At the conclusion of my thesis I focus on my fundamental idea of the regime of property arrangement between spouses in the...
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Selected issues of evidence in civil contentious proceedings
Kabát, Jakub ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The object of this thesis is Selected issues of evidence in civil contentious proceedings. Evidence itself occupies an important position in the civil procedure because it is a prerequisite for issuing a correct and fair court decision. The aim of this paper is to deal with the institutes of evidence procedure that lead the subjects of civil contentious proceedings for certain procedural activity in order to determine the facts and issue a decision in the case. The thesis is divided into six chapters, the first chapter includes an introduction and the last, sixth chapter includes the conclusion. The second chapter deals with basic questions of evidence in civil proceedings and is subdivided into four parts. Particular parts deal with the concept of evidence in civil proceedings, the object of evidence (which is delimited both positively and negatively), institutes facilitating the evidence in civil procedure (legal presumptions and fiction, preliminary question and discretion of the court) and the actual course of procedure of evidence in civil proceedings. The procedure of evidence is divided into several phases such as adduction of evidence, obtaining proofs, examinations of evidence by the court and finally, the evaluation of the evidence by the court. The third chapter deals with civil...
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The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
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Concentration in civil proceedings
Kubešová, Silvia
1 Abstract The dissertation focused its attention on the principle of the concentration and its application in civil proceedings. The principle of the concentration and its issues represented after the amendment of Civil Procedure Code No. 99/1963 realized by Act No. 30/2000 Sb. and the by Act No. 7/2009 Sb. are highly actual topic in the civil practice and in the theory of civil procedure. The dissertation attempts to explain the positives and the negatives of the principle of the concentration in civil proceedings, seeks and finds its adequate place in the civil procedural law in order to achieve an effective and quick protection of endangered or infringed subjective private rights. The theoretical basis of the dissertation consists of definition of the essence of the principle of the concentration, its object and mainly its purpose along in the system of the principles regulating civil proceedings at all. The modern civil proceedings should be based on the principle of the concentration in order to ensure the effective protection of endangered or infringed subjective private rights provided by the courts. The individual elements and phases of applying the principle of the concentration in civil proceedings should be appropriately chosen in civil proceedings. The individual elements of the principle of...
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Child custodyl proceedings and the Cochem model
Heresová, Barbora ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Child custody proceedings and the Cochem practice Abstract The aim of this thesis is to describe and define, as thoroughly as possible, the child welfare judicial proceedings, particularly the child access and custody proceedings pursuant to section 466 b) and d) of Act No. 292/2013 Coll., on special court proceedings, as amended and to inform about the possibilities of its improvement through the use of the methods of the Cochem practice. The thesis consists of three main parts - part one and two are dedicated to the child access and custody proceedings, part three provides the reader with information about the Cochem practice. The first part of the thesis describes the child custody and access proceedings in general, it provides general information about the subjects of the proceedings (with focus on the court and the proceedings parties), furthermore it describes the position of the children' social and legal protection authorities and the Office for International Legal Protection of Children. In order to fully explain the procedural law regarding the child custody proceedings, this part also describes the substantive law. The second part of the thesis is dealing with the legal framework of the child custody proceedings, it also provides a thorough insight into the different types of legal child custody...
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Hearing in the civil proceedings
Tomešová, Lenka ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
1 Hearing in the civil proceedings - Abstract The diploma thesis deals with the course of hearing from its order, through the initiation to the end and issuance of the decision on the merits, since only properly run hearing is a guarantee of fair and complete hearing on the merits without delay. At the same time, the thesis pays attention to the principles that relate to hearing and whose observance ensures the participants right to a fair trial. The thesis will deal with the course of hearing both in adversarial and inquisitorial proceedings. The first chapter defines the concept of civil proceedings, hearing, and it is consequently stated by whom the proceedings are governed. The second chapter discusses the principles of hearing that are part of the right to a fair trial. It is a principle of public, oral and straightforward. When dealing with the principle of public, there is a certain amount of space devoted to the reasons for which the public can be absolutely or partially excluded from the hearing. The chapter also deals with the possibilities to ensure a dignified and undisturbed course of hearing, including ways and restrictions on the acquisition of audio and video recordings and transmissions from hearings. The longest and the most comprehensive chapter in the thesis is the third chapter, in...
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Duty of pleading and duty of proof in the contetious civil proceedings
Nováková, Hana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The thesis topic is Duty of pleading and duty of proof in the contentious civil proceedings. The hereby stated obligations belong to the basic concepts of procedural law. If the interested party fulfils both obligations together with bearing the corresponding burdens, it increases its chance of success in a dispute. Supposing it was inactive, its inactivity might be reflected in the dispute result. My thesis aim was to deal with essential obligations in civil proceedings within eight chapters. In chapter one I mention historical excurcus where I introduce how the above stated obligations were adjusted in the previous civil procedural law regulations. It is only an outline of the historical development. Chapter two I briefly devote to the current concept - de lege lata. In the subsequent chapter three I deal with the burden of pleading and burden of proof in both types of declaratory proceedings namely in contentious and non-contentious proceedings. Where the contentious proceedings require higher activity of the interested parties in comparison with the interested parties in the non- contentious proceedings. Chapter four is focused on detailed description of both procedural obligations and to them corresponding burdens. Besides other various theories of burden of proof are stated here. And also...
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Consiliation
Hospodka, Jaroslav ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Conciliation Abstract This diploma thesis is devoted to a detailed analysis of the issue of conciliation, which can be considered as one of the alternative methods of dispute resolution and differs significantly from other methods by participation of the court in seeking agreement. The thesis is divided into four parts. The first one deals with the definition of the term conciliation or court settlement within the meaning of § 99 of the Civil Procedure Code, although the institute is different, the conciliation procedure is largely interlinked. The second part describes the location of the reconciliation institute within the civil process and also deals with the excursion into the history of reconciliation. The third part deals with the practical applicability of the conciliation procedure. Attention is also given to its subjects, a detailed analysis of the phases of the proceedings, the possibilities of remedy or the question of the effects of reconciliation. Finally, the fourth part focuses on the comparison of the current state of reconciliation with its concept in a substantive intent to the new Civil Judicial Code. Primarily, descriptive and analytical methods, in part also comparative methods, are used in the work. The aim of the thesis is a detailed analysis of the described problems, with an...
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Costs of civil proceedings
Bečvář, Petr ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Costs of civil proceedings Abstract The diploma thesis addresses the issue of costs of civil proceedings. The aim of the thesis is to provide a basic introduction to the issue of the costs of the proceedings and subsequently, on the basis of the knowledge gained in this way, to examine aspects that the legislation on the costs of civil proceedings. The diploma thesis also contains a short comparison of selected differences between Czech and Slovak legislation on the costs of civil proceedings. The first chapter defines the specific costs of civil proceedings. The chapter is divided into 7 sub-chapters, which deal in more detail with the individual costs of civil proceedings, as they are stated in the provision of Section 137 of the Czech Civil Procedure Code. The costs of civil proceedings are the costs incurred in the connection with legal proceedings as a result of the application of the subjective right of the party. An essential factor of the costs of civil proceedings is also a matter of effectiveness. The first chapter is focused mostly on the legislation of the court fees and the reward for legal representation. Chapters 2 and 3 cover the issue of payment and reimbursement of costs of civil proceedings. In the chapter on payment of costs of civil proceedings, the author deals, among other things,...
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Legal force and enforcement of judgement
Kekula, Vít ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Legal force and enforcement of judgement Abstract The subject of this thesis are legal force and enforcement of judicial decisions adjudicated in the civil procedure. Its main goal is to provide an in depth yet comprehensive analysis of its effects, its role in the judicial proces and to demonstrate their functional connexion. A secondary objectif of this thesis is to provide the reader with a current legislation based critical assesement of the legal terminology employed by the czech doctrine to describe the effects of legal force. Despite the fact that the legal force and enforcement of judicial decisions are closely linked by their purpose, they are conceptually independent. Therefore, they will be dealt with separately. First, the legal force of a judicial decision will be examined, second, its enforcement will be adressed. The thesis is divided into five chapters in total which are further subdivided into sections and subsections. The first chapter consists of a brief introdution to the relevant mechanics of the Roman civil procedure which importance to the notion of legal force as we know it is not to be underestimated. Apart from a historical context, its analysis should contribute to a better understanding of its true nature and function in the contemporary civil procedure. In this context, material...
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