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Reimbursement of costs in trial proceedingsand enforcement proceedings
Hadáček, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis deals with the topic of reimbursement of costs in trial proceedings and enforcement proceedings. The main goal of this thesis is to provide a comprehensive overview of the topic and to explain fundamental aspects of costs in trial proceedings and enforcement proceedings as well. The diploma thesis focuses not only on the interpretation of legal provisions but also on the case law, which is cited throughout the text. The diploma thesis consists of an introduction, two main chapters, and a conclusion. The first chapter discusses reimbursement of costs in trial proceedings and is systematically segmented according to corresponding phases of a trial proceeding. The first part of this chapter describes costs in trial proceedings. The following subchapters discuss principles of cost reimbursement in contentious proceedings. The subchapter 1.3.3 focuses on legal conditions for awarding costs with an emphasis on the discretionary power of the courts and pretrial notice. The subchapter 1.4 deals with reimbursement of costs in non-contentious proceedings. The last part of this chapter discusses remedies directed against decisions regarding costs in trial proceedings, including the constitutional complaint. Reimbursement of costs in enforcement proceedings under the Enforcement Regulations...
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Comparison of the Czech and Russian trial proceeding costs regulation
Rozhdestvenskiy, Dmitry ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis aims to compare the Czech and Russian regulations of the costs of civil proceedings, to identify and compare the differences in favor of this or another legislation. The thesis is divided into three chapters. The first chapter is devoted to the costs of civil proceedings in the Czech courts. First of all, the concept of costs of proceedings and its function is defined. Then the individual types of costs of proceedings are analyzed according to its demonstrative list in § 137 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended: expenses of participants and their representatives, including court fee, lost earnings, interpreting, evidence costs, compensation for value added tax, remuneration for representation and remuneration for the mediator. Subsequently, the principles of payment and reimbursement of costs of proceedings are discussed, taking into account the moderating right of the court and the decision on reimbursement of costs of proceedings. The second chapter focuses on the description of the legal regulation of costs in the Russian Federation. Like the first chapter, it deals with the concepts of costs of proceedings and related legal institutes in Russian law. In particular, it focuses on the description of the court fee, exemption from the court fee,...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Černý, František ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract The aim of the thesis is to describe comprehensively the issue of reimbursement of costs in trial proceedings and enforcement proceedings. Sometimes, it is considered to be only a marginal part of the civil procedure, however the reimbursement of costs is certainly very important for both parties to a case. Reimbursement of costs of proceedings is a very interesting topic that has been undergoing turbulent development in recent years. The thesis is divided into an introduction, three main parts and a conclusion. The introduction focuses mainly on the definition of the objectives of the thesis and subsequently the interest of the general public in the issue of reimbursement of cost is analyzed. The first part provides the general description of the institute of costs of proceedings and defines the essential terms related to this issue. Subsequently, the types of costs of proceedings and legal regulation connected with them are examined. The second part of the thesis focuses on reimbursement of costs in trial proceedings. The initial chapter explicates general rules contained in the Civil Procedure Code, which are based mainly on the principle of success in the case and the principle of fault. All exceptions to these principles...
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Decisions on the award and amount of costs in civil proceedings
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Decisions on the award and amount of costs in civil proceedings Abstract This thesis deals with the issue of costs of civil proceedings. The scheme of the thesis follows the scheme of the Code of Civil Procedure and is supplemented by references to judicature, in particular the Constitutional Court's judicature. It deals almost exclusively with costs of proceedings at the first-instance procedure. The thesis in its introduction highlights the importance of the issue of costs of proceedings and the significant impact of the cost statement on the individual parties involved. It sets out the basic distribution of costs for general and special costs and lists their basic functions, ie the preventive and sanctioning function. The introduction also describes the role of the Constitutional Court in relation to costs of proceedings. After a short introduction to the issue of costs of proceedings, the list of the types of costs, their description, their functions and legal regulations are listed. More capacity is devoted to the court fee and issues related to it. These include the amount and extent of the charge, the exemption (and its types) from the payment of the court fee as an expression of the right to judicial protection and others. Subsequently, the thesis deals with the question of payment and reimbursement...
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Means of evidence in civil proceedings
Krulíková, Kateřina ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...
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Parties to contenious proceedings
Spěváková, Kristýna ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The thesis deals with legal regulation of participation in contentious proceedings. Procedural subjects are one of the definitional elements of the civil proceedings; they are mainly the court and parties to proceedings. Therefore, legal regulation of parties to proceedings is an important component of law of civil procedure. The thesis depicts the present legal regulation of participation in contentious proceedings, evaluates its suitability and proposes appropriate changes with regard to clarity, unambiguity and fulfilment of the right to a fair trial. It includes description and analysis of the effective legal regulation, examines main problems, compares interpretation and opinions in professional literature and also deals with the court interpretation of relevant legal regulation. Moreover, a partial aim of the thesis is to depict the reflection of the new civil code in the procedural regulation and to evaluate whether such reflection is optimal. The thesis is divided into eight chapters which deal with the component topics. The first chapter deals with general matters of parties to contentious proceedings including material and procedural standing and the principle of equality. The second chapter concerns prerequisites for participation in proceedings, thus analyses capacity to sue and to be...
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Persistence of Procedural Relationship of Parties in Civil Proceedings
Zapletalová, Veronika ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Persistence of Procedural Relationship of Parties in Civil Proceedings The thesis deals with the procedural relationship in adversarial civil proceedings. The aim of the thesis is to define the persistence of procedural relationship as a characteristic of civil proceedings, as one of the fundamental principles of civil proceedings, and to analyze exceptions to this principle. The thesis is divided into two sections. The first one focuses on changes of parties in procedural relationship, while the latter one focuses on changes in procedural relationship attributable related to the court. The thesis aims to comprehensively address the procedural relationship of parties, thus it includes a section referring to changes of procedural relationship related to the court. The thesis primarily focuses on changes of procedural relationship relating to the parties, such as joinder of parties and substitution of parties. Since the general rule refers to the persistence of procedural relationship, derived from the rights of parties to a judgement on the merits, it is necessary to save the procedural rights of parties should any exception to this general rule apply. The thesis, conforming to the proportionality principle, addresses the suitability and necessity of such legislation. The current legislation seems to be...
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Preliminary injuctions in civil procedings
Hrnčiřík, Vít ; Winterová, Alena (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
The topic of preliminary injunctions (injunctive relief) in civil proceedings has not been monographically processed and published in the Czech Republic for more than one hundred years. That is in spite of the practical relevance and topical debates pertaining to the topic. A whole array of problematic questions connected to preliminary injunctions is controversial and also legal opinions in Czech commentary literature considerably diverge in respect to particular issues. The thesis offers a systematic approach to preliminary injunctions and proceedings governed by the Czech Civil Proceedings Code and the Statute on Special Court Proceedings ("OSŘ" and "ZŘS"). Attention is paid to historic developments and comparable jurisdictions (especially Germany and Austria), which are used as a reference in cases where Czech sources are insufficient. The aim of the work is to pose and answer fundamental questions of the "law of preliminary injunctions". The work deals with function, typology, relation to the proceedings based on merits, interlocutory character, limits, means, effects, particularities (such as demonstration, justification), requirements for granting and possibilities of enforcement of preliminary measures, further with relation to relative legal creatures (i.e. preliminary enforceability) and...
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Procedural requirements of civil proceedings
Košútová, Veronika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
1 ABSTRACT Procedural requirements of civil proceedings My thesis deals with the issues of procedural requirements of civil proceedings, that are sometimes termed also as requirements of proceedings. This term refers to the legal institute, that creates the legal framework for realization of the right to the judicial protection, because the fulfillment of these statutory requirements is one of the fundamental assumptions for hearing of the case and for the issuance of decision in the civil proceedings. Systematically my work is divided into two parts, namely into the general part and the special part. These two parts in total consists of seven chapters. Particular chapters are subsequently divided into the subchapters and each of them into the sections. While the general part consisting of the first three chapters concerns with the general view on the issues of procedural requirements, remaining four chapters of the special part deal with the particular procedural requirements in more detail. The first chapter aims to define as precisely as possible the term of procedural requirements and also potential discrepancies in its interpretation. It involves also the fundamental classification of procedural requirements. Chapter no. 2 analyses the research of procedural requirements, that occurs at any time during...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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