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Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform
Novotná, Kateřina ; Frintová, Dita (advisor) ; Zahradníková, Radka (referee)
a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...
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Right to reasonable length of criminal proceedings in Czech law
Kristková, Alena ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with right to criminal procedure within a reasonable time from the point of view of the Czech criminal law and of the judiciary of the European court for human rights which has a strong impact on the judiciary of the Czech courts. The regulation in the Czech Criminal code is analyzed as well. This thesis also focuses on the consequences of the inadequate length of criminal proceedings in the form of the imposed punishment. The complex measures which could be effective and could make the criminal proceedings faster are also the matter of the analysis.
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Current problems of relation between protection
Kobeda, Kryštof ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Current issues of relationship between the personal right of individual and media: abstract in English The theme of this thesis is protection of personal rights of individual in mass media. This theme is, according to our opinion, current topic because there are conflicts between the personal rights of individual and the right to freedom of expression nearly every day. The purpose of the thesis is to analyse, if the attitude of the courts to the protection of these two rights is equal and if the individuals, who have disadvantageous position against the mass media, can adequately defend their rights. The thesis is composed of six chapters. Chapter one is introductory. Chapter two briefly defines the issue of personal rights of individual. The third chapter consists of four parts. Each of these parts deals with one personal right and characterises the rules which mass media have to comply with in order not to contravening the personal rights of individual. Fourth chapter describes the ways how individual can defend himself or herself against the violation of his or her personal rights. This chapter describes all legal remedies possible according to the Czech laws. It means legal remedy on the base of civil law, criminal law, administrative law and the remedies according to the special laws, complaint to the...
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Appeal in civil procedure
Vaníčková, Zuzana ; Frintová, Dita (advisor) ; Zoulík, František (referee)
The aim of this thesis is to describe and analyse the legal institution of appeal in Czech civil procedure. The goal of this thesis is to provide both - (i.) an overview of the issue of appeal in civil procedure and (ii.) an outline of its practical problems and their solutions. Czech legal order distinguishes ordinary and extraordinary legal remedies. The only ordinary legal remedy according to positive law is the appeal. It represents the most frequently used form of a review of judicial decisions. The legal regulation of the appellate procedure in civil cases is enshrined in Act No. 99/1963 Coll. on the Civil Procedure, as amended. The thesis is divided into thirteen chapters, each of them dealing with different aspects of the legal institution of appeal. The first one focuses on its historical development. The next chapter deals with the importance of this procedural institution within the framework of legal remedies. Thereafter the thesis provides a general (theoretical) explanation of an appeal. It is the only ordinary remedy in Czech civil procedure. The concept of an appeal in our national legal system is based on the appellate principle. In the current Czech civil procedure the complete and incomplete appellate systems are both determined and applied. The remaining chapters are devoted to...
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Legal Remedies in Administrative Law
SMILOVÁ, Nikola
The aim of this thesis is to expose all kinds of administrative offences, to describe them in detail and thereafter to explain, which methods we can choose in terms of defend against pubic authorities. Especially there is a description of ordinary legal remedies, namely the appeal, remonstrance and statement of opposition. These legal remedies are compared to each other and after that the differences between them are described. The final aim is to find out, by means of research methods, whether the number of legal remedies has increased or decreased and whether success rate of these legal remedies has risen or fallen down.
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Appeal in civil procedure
Vaníčková, Zuzana ; Frintová, Dita (advisor) ; Zoulík, František (referee)
The aim of this thesis is to describe and analyse the legal institution of appeal in Czech civil procedure. The goal of this thesis is to provide both - (i.) an overview of the issue of appeal in civil procedure and (ii.) an outline of its practical problems and their solutions. Czech legal order distinguishes ordinary and extraordinary legal remedies. The only ordinary legal remedy according to positive law is the appeal. It represents the most frequently used form of a review of judicial decisions. The legal regulation of the appellate procedure in civil cases is enshrined in Act No. 99/1963 Coll. on the Civil Procedure, as amended. The thesis is divided into thirteen chapters, each of them dealing with different aspects of the legal institution of appeal. The first one focuses on its historical development. The next chapter deals with the importance of this procedural institution within the framework of legal remedies. Thereafter the thesis provides a general (theoretical) explanation of an appeal. It is the only ordinary remedy in Czech civil procedure. The concept of an appeal in our national legal system is based on the appellate principle. In the current Czech civil procedure the complete and incomplete appellate systems are both determined and applied. The remaining chapters are devoted to...
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Current problems of relation between protection
Kobeda, Kryštof ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Current issues of relationship between the personal right of individual and media: abstract in English The theme of this thesis is protection of personal rights of individual in mass media. This theme is, according to our opinion, current topic because there are conflicts between the personal rights of individual and the right to freedom of expression nearly every day. The purpose of the thesis is to analyse, if the attitude of the courts to the protection of these two rights is equal and if the individuals, who have disadvantageous position against the mass media, can adequately defend their rights. The thesis is composed of six chapters. Chapter one is introductory. Chapter two briefly defines the issue of personal rights of individual. The third chapter consists of four parts. Each of these parts deals with one personal right and characterises the rules which mass media have to comply with in order not to contravening the personal rights of individual. Fourth chapter describes the ways how individual can defend himself or herself against the violation of his or her personal rights. This chapter describes all legal remedies possible according to the Czech laws. It means legal remedy on the base of civil law, criminal law, administrative law and the remedies according to the special laws, complaint to the...
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Right to reasonable length of criminal proceedings in Czech law
Kristková, Alena ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with right to criminal procedure within a reasonable time from the point of view of the Czech criminal law and of the judiciary of the European court for human rights which has a strong impact on the judiciary of the Czech courts. The regulation in the Czech Criminal code is analyzed as well. This thesis also focuses on the consequences of the inadequate length of criminal proceedings in the form of the imposed punishment. The complex measures which could be effective and could make the criminal proceedings faster are also the matter of the analysis.
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Ordinary legal remedies in Czech criminal procedure
Jedličková, Klára ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
This bachelor thesis deals with the ordinary legal remedies in Czech criminal procedure. In the first chapter are defined legal remedies in general, namely the history and their division into ordinary and extraordinary legal remedies. There is also the remedial procedure and its principles mentioned. The main part of my work is dedicated to ordinary legal remedies: complaint against the resolution, appeal against the judgement and protest against the criminal warrant. It's focused on the characteristics of each of these remedies and also their content and formal requirements, reasons, place and period for their filling, authorized persons and the procedures about them. The last chapter is an analysis of several court decisions, where the possibillity of filling the ordinary legal remedies was used.
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