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Interim measures in industrial rights matters
Marešová, Markéta ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Interim measures in industrial rights matters Abstract The topic of this rigorous thesis is interim measures in industrial rights matters. Interim measures represents a procedural institution which contributes to the effective enforcement of industrial rights. The rigorous thesis provides a comprehensive overview of the legal regulation of interim measures, its assessment, in particular with regard to its constitutional conformity, and the identification of problems in application practice, focusing on the specific area of industrial property. The thesis is divided into six systematically organized parts. The first part brings a historical excursion back to the 18th century, where the origins of today's interim measures can be found, leading up to the significant amendments that have been made up to the present day, and the possible future of the code of civil procedure is also mentioned. The second part of the thesis already deals with the current legal regulation of interim measures, where the concept, essence and purpose of interim measures are defined in particular. In the third part of the thesis, the legal regulation in the field of enforcement of industrial rights is presented, individual industrial rights are defined and their relationship with unfair competition is also outlined, because in...
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Class actions
Stiborová, Kateřina ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Class actions Abstract This thesis deals with the regulation of collective proceedings in the Czech Republic, first focusing on the current forms of collective proceedings and then moving on to the draft of the Act on Collective Civil Judicial Proceedings. The aim of the thesis is to contribute to the professional debate on the emerging form of collective proceedings with a mostly practical view of setting specific parameters of the law, to point out some shortcomings of the current proposed bill and to offer its own solutions. From the methodological point of view, the analytical, normative, comparative and synthetic approaches were used. However, a descriptive approach is also evident in the beginnig of the thesis. The analysis was mainly used in the examination of the current draft of the Act on Collective Civil Judicial Proceedings and the Polish legislation. The normative approach is most evident in the critical commentary on the current proposed bill. The thesis offers a comparative examination when comparing the proposed Czech and Polish legislation. The synthesis of the recorded findings is then most influenced by the section dealing with considerations on the future appropriate form of class actions. From the content point of view, the thesis first offers a theoretical excursus in which it deals...
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Procedural principies for producing evidence
Skřebský, Jan ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
The presented master's thesis discusses the branch principles of civil procedure and thein application in the process of evidence. Legal principles serve as the foundation of every legal field and represent the fundamental measure for the interpretation and application of legal norms. Evidence is a crucial area of civil procedural law because it is only through the process of evidence during judicial proceedings that the basic purpose of objective law, which is the protection of its subjects, is expressed. The question of procedural principles is a common subjekt of debate in relation to the amendment of the Civil Procedure Code and the potential future form of a new Civil Procedure Code. Since these principles influence the nature of different types of proceedings, they are often the subjekt of examination in terms of thein signifikance for a specific type of proceeding. The aim of this thesis is to evaluace the fiction of procedural principles in civil proceedings. While the primary focus of my research is thein impact on evidence, an adequate interpretation of them cannot be provided without considering their influence on the entire course of proceedings, including pre-proceedings processes and thein expression in court decisions. Another objektive of this thesis is to provide a comprehensive...
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Bankruptcy of financial institutions
Cimburková, Barbora ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Bankruptcy of financial institutions Summary The thesis deals with the issue of bankruptcy of financial institutions with the aim of providing a comprehensive interpretation of the current legislation and its analytical assessment. The thesis is divided into 7 chapters within which the reader is initially introduced to the key words of this thesis such as "bankruptcy" and "financial institution" and then to the individual procedures that can occur in the event of failure of financial institutions, which are: resolution proceedings under the CRD, liquidation under the CC and insolvency proceedings under the IC. Attention is thus primarily paid to the mutual definition of these procedures in order to declare in which cases the procedures are applicable, with which specifics and under which conditions. In the chapter on resolution proceedings, the reader is given a closer look at the BRRD and the CRD, which implemented the directive into the Czech legal system and which, apart from the resolution proceedings themselves, also regulates preventive measures taken to prevent the emergence of negative effects of potential failures of financial institutions on the financial system in the form of recovery plans or crisis resolution plans. An unforgettable part of the chapter is also the specification of individual...
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The Costs of Bankruptcy
Pérez, Nicolas ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
The Costs of Bankruptcy Abstract This work deals with the question of whether insolvency law effectively reduces the cost of bankruptcy in the context of insolvency proceedings of commercial corporations. The author first defines the economic foundations of insolvency law and emphasizes its goal as a maximalization of the creditor's wealth. The first chapter focuses on the initial context of insolvency proceedings and emphasizes an economic perspective that views insolvency proceedings as a mechanism for shifting a residual claim from shareholders to creditors at the lowest costs. The author describes the costs of using this mechanism as the costs of bankruptcy. The second chapter describes what kind of costs are associated to the civil proceedings. Subsequently the author elaborates on the relationship in between the civil proceeding costs and insolvency proceeding costs. The rest of the second chapter is dedicated to the direct and indirect costs of bankruptcy. The costs of the insolvency trustee and the costs of using external advisors are identified as the most important direct bankruptcy costs. The third chapter Describes the position of the insolvency trustee and his role in insolvency proceedings, including the method of its remuneration. The Author analyzes whether the set calculation of the...
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The court's duty to instruct
Pošmurná, Veronika ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
The court's duty to instruct Abstract This text deals with the court's duty to instruct in civil procedural law. The author stresses that this duty expedites proceedings and prevents unnecessary delays. At the same time, however, he draws attention to the importance of protecting the rights of the parties so that they are not prejudiced by the speed of the proceedings. The author focuses on issues relating to the manner in which the court is to conduct the briefing, the individualization of the approach to the parties, and the consequences of failure to comply with this obligation. The text is structured in four parts, which deal with different aspects of the duty to instruct, including historical development, the general duty to instruct, special instructions in the course of proceedings, and instructions in uncontested proceedings. The work also discusses the relationship between the duty to instruct and the concentration of proceedings. The thesis aims to find the right compromise between the efficiency of the proceedings and the protection of the rights of the parties. The author stresses that the instructions should be targeted, and specific, and warn of the consequences of non-compliance. It also points out the importance of correct recording and compliance with the time limits associated with the...
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Legal capacity proceedings and custody of person limited in legal capacity proceedings
Franc, Jakub ; Frintová, Dita (advisor) ; Střeleček, Tomáš (referee)
Proceedings concerning the legal capacity and guardianship of a person with limited legal capacity Abstract The thesis deals with the procedural regulation of the proceedings concerning the legal capacity in a narrower sense, i.e. the proceedings on the limitation of the legal capacity of a person and the subsequent proceedings on the appointment of his/her guardian. Legal capacity is closely linked to legal personality, and therefore any interference with legal capacity, especially its limitation, is a serious interference with the personal integrity of a person, and the process of such interference must be sensitively regulated by law. The aim of the thesis is to map and analyse the legal regulation concerning the limitation of a person's legal capacity, primarily from the procedural law point of view, but also by analysing the relevant substantive provisions. The first part of the thesis deals in detail with the institute of legal capacity, its definition and the various ways of acquiring it. In the second part, the thesis deals with more supportive (milder) measures that serve to safeguard a person's interests without having to limit his or her legal capacity. The related institutions such as preliminary declaration, assistance in decision- making and representation by a household member are...
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Attorney's confidentiality
Řípa, Jan ; Pohl, Tomáš (advisor) ; Střeleček, Tomáš (referee)
1 Abstract (eng) This thesis deals with attorney confidentiality which is the main standard of independent advocacy. First chapter of this thesis discuss the role of attorney in the society and consist of three subchapters about the fundamental right to legal aid, advocacy as freelance profession and about the role and status of advocacy in the law system. The second chapter introduces three main pillars of modern advocacy such as independency, autonomy and confidentiality. Each subchapter of this chapter contains one of the main pillars. The third chapter is exclusively devoted to attorney confindetiality. This part is divided into three subchapters, of which the first focus on historical developement of attorney confidentiality since the beginnings of advocacy to the modern age. The main theme of second subchapter is the explanation of the range of confidentiality, such as personal, factual and chronological scope. Third subchapter analyses main legal fields which touches and regulates legal confidentiality in advocacy. Specifically about advocacy, civil, crime, administrative and financial law. The fourth chapter of this thesis describes in detail very specific cases in which breach of attorney confidentiality is necessary and is expressly assumed, such as confidentiality waiver, cases of granting of...
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Expert Evidence in Civil Procedure
Procházková, Kateřina ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
65 Expert Evidence in Civil Procedure Abstract Expert evidence is an essential part of the civil process. Its purpose is to help the court in resolving a factual question, the answer to which goes beyond ordinary knowledge. The relevance of the topic is given both by the persistent problems in connection with expert evidence, and the new legislation on the expert activities effective from 1 January 2021. The thesis describes some problematic aspects at various stages of expert opinion proving, as problems related to the assignment of the expert opinion (distinguishing between legal and factual questions), the preparation of the opinion itself (especially its insufficient reviewability) and problems related to its evaluation before the court. The objective of the thesis is to define the main problems associated with expert evidence, to evaluate the impact of the new regulation of expert activities on evidence in court proceedings, to assess whether the regulation of provisions § 127 and § 127a of the Civil Procedure Code is satisfactory, and possibly to propose a solution that would be able to eliminate the defined problems. The first part of the thesis includes an introduction to procedural evidence, deals with the role of the expert and expert opinion in civil proceedings and gives an overview of the most...
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Appointment of an insolvency practitioner in insolvency proceedings
Bistárová, Eva ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Appointment of an insolvency practitioner in insolvency proceedings Abstract The main objective of this thesis is to comprehensively analyse the process of appointing an insolvency practitioner in insolvency proceedings. The opening chapter of the thesis presents the historical research of different systems of insolvency practitioner appointment, being the prerequisite for the further analysis. The second chapter determines the role of an insolvency practitionerwithinthejudicial system,whichappears tobe crucial for identifyingobjections to current regulation and proposing suitable approaches. This chapter contains an analysis of the very definition of an insolvency practitioner, the linear timeline of the performance of this office from licensing to delicensing, classification of insolvency practitioners, identification of supervisory authorities, and the model of state liability for the performance of insolvency practitioner's office. The second chapter further provides the detailed analysis of the public-service dimension of the insolvency practitioner's office, and the foreign legislation establishing heterogeneous insolvency administration schemes. The first two chapters are systematically proceeded by the analysis of the legal framework of the process of appointing insolvency practitioners, identifying...
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