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Preparation of a hearing in the civil procedure
Pelcová, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Preparation of a hearing in the civil procedure Abstract This thesis deals with the preparation of a hearing in the civil procedure defined by its objective - to hear a case in the fastest possible manner hand in hand with provision of a brief and fair decision, in principle, in one hearing. The first chapter of this thesis is dedicated to defining the purpose of the preparation of a hearing in the civil procedure and outlines the possible differences in contentious and non- contentious proceedings. The second chapter summarizes the historical development within our territory from its very beginnings in the Middle Ages to the current legislation. Subsequently, the third chapter delves into the fundamental principles on which the civil procedure is built upon, as well as the preparation of the hearing. The foundation of this thesis is the fourth chapter, which analyses the various process and instruments of the preparation of the hearing in detail. Firstly, attention is focused on examining the proposal for proceedings' initiation, the fulfilment of the proceedings' conditions and the fee obligation. Afterwards, individual instruments are analysed in depth, for instance the call to correct a submission, the simple call for a response, the qualified call for a response, the preliminary hearing in contentious...
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Restriction of legal capacity proceedings
Krejčí, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This diploma thesis primarily deals with the legal frame of the restriction of legal capacity proceedings, which is contained in the Code on Special Court Proceedings (Act. No. 292/2013 Sb.) effective from 1. 1. 2014. For that purpose the thesis works with particular legal institutions of substantive law contained in the Civil Code (Act No. 89/2012 Sb.), such as legal capacity (a capacity to make juridical acts) and its restriction. The thesis is focused especially on the course of the proceedings resulting in the decision to restrict legal capacity or to accept any other appropriate measures. The author also describes two particular aspects of the proceedings, which are the duty of the court to see an individual whose legal capacity is subject to the consideration and the possible ways to make a decision by which the legal capacity is restricted. The aims of the thesis are to describe legal regulation of the restriction of legal capacity proceedings, previous and recent case law dealing with this issue and to evaluate their influence on the individuals whose legal capacity has been restricted. The author also seeks to propose a possible solution to the problems related to the restriction of legal capacity proceedings. The diploma thesis is divided into 4 main chapters. The first chapter is...
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Legal capacity proceedings
Machová, Miroslava ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis examines legal capacity and its restriction. The legal capacity of a person makes along with his legal personality an inherent and inalienable component of his personality that enables him to act legally. It is therefore a prerequisite of his self-realization and active participation in society. Legal capacity and legal personality are components so significant, that they cannot be relinquished. Not even partially. Unlike legal personality, a person's legal capacity can be restricted by a court order. And it is the very legal capacity proceeding, this thesis focuses on. In view of the fact, that procedural law is reflected in substantive law, part of this thesis also concerns with the analysis of legislation contained within the Civil Code (Act. No. 89/2012 Coll.). The thesis thoroughly analyses individual stages of a legal capacity proceeding and the subsequent legal provisions and court decisions. The thesis is divided into two parts and eight chapters. The first part discusses substantive regulations of legal capacity. In the introduction to the first chapter, I draw attention to an alteration in legal terminology and a new conception of legal capacity restriction according to the legal regulation that came into force on the 1st of January 2014. Subsequently I define the concept of...
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Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings
Dubravská, Tereza ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings The subject of the diploma thesis is the comparative analysis of representation by the attorney in Czech and Spanish civil proceedings. The first part is dedicated to concepts of civil procedure and it's categories. The second part contains a definition of the concept of representation in the civil procedure and it's categories in the Czech and the Spanish law. The third part which is crucial for this thesis focus on the role and the position of an attorney in the civil procedure and on the relationship between the attorney and his client. The third part is also dedicated to the attorney and the requirements the attorney has to meet according to the law. In case of the attorney, as a professional in law and as a member of a bar association, and in case of the relationship between attorney and his client - Czech and the Spanish law are very similar to each other. However significant differences exist in roles which attorney holds - precisely the extent of his activity as a representative of the participant. One of differences is an existence of the legal institute of the legal representative in the Spanish procedural law. This legal institute does not exist in the Czech procedural law and its functions...
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Regular Appeal in civil proceedings
Graus, Lukáš ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Regular Appeal in civil proceedings As it is the case in ordinary life also in judicial decision making, errors cannot always be omitted. A judicial decision can suffer from various defects that may have different characteristics or the judicial decision may not necessary suffer from such defects, but the litigants may consider it as defective due to them being unsatisfied with the unfavorable outcome. For this reason, the civil procedural code contains institutes that enable the modification, revocation or affirmation of a judicial decision. These institutes constitute the appellate procedure are subdivided into regular and extraordinary, depending on whether the litigants are appealing a decision that has already became valid or not. The aim of this diploma thesis is to focus on the current legal regulation of the appellate procedure with a strong emphasis on regular appeal in dispute proceedings. I chose this topic as the focus of my diploma thesis because it is the only regular remedy contained in the czech civil procedural code and therefore the most commonly used in judicial practice and also the one, I am most familiar with from my own professional experience. The fundamentals of the appellate proceedings are contained in the Act no. 99/1963 coll., civil procedural code, which regulates the...
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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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Legal Proceeding of Establishment and Disputing Parentage
Svobodová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Legal Proceeding of Establishing and Disputing Parentage The topic of this thesis is the legal proceedings of establishing or disputing parentage. The aim of the thesis is to provide complex description and analysis of current framework of the proceedings for establishing or disputing parentage in relation to the substantive measures, point out problematic areas and weak spots of the legislation and provide possible solutions de lege ferenda. The text is divided into eight chapters. First chapter deals with the term "parentage" from various perspectives - biological, social, legal and the link between them, mainly with the case law of the Supreme Court, Constitutional Court and the European Court of Human Rights in mind. Second chapter provides the historical evolution of the legal framework for establishing and disputing parentage, going all the way back to the ancient Rome, Austrian Civil Code, the Family Law Code and the Family Code, to the present, where the civil law underwent re-codification and the whole area of family law has been included within the new Civil Code. The third chapter is devoted to the analysis of the substantive measures regarding the establishing and disputing of parentage as described in the Civil Code, because the substantive measures and procedural measures are closely...
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