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Attorney's remuneration in relation to the costs of the proceedings
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Attorney's remuneration in relation to the costs of the proceedings Abstract This master's thesis focuses on the topic of methods of determining the attorney's remuneration for his provision of legal services, the relationship of this remuneration to the compensation for the costs of civil proceedings and a collision of Section 149 subsection 1 of the Act No. 99/1963 Coll., Act on Code of Civil Procedure with Section 10 subsection 6 of the Resolution of Board of the Czech Bar Associaton No. 1/1997 Bulletin laying down the rules of professional ethics and rules of competition for attorneys in the Czech Republic (Code of Ethics) and it was to understand this conflict that the aforementioned institutes had to be explained. The thesis is divided into five chapters. The first chapter deals with contractual attorney's fees, their types and the sources of this method of determining attorney's fees. The subsections of this chapter also introduce the pro bono institute and the recent case law of the CJEU concerning the conditions for determining the contractual remuneration of an attorney providing legal services to a consumer. The second chapter deals with the so-called non-contractual attorney's fees. Specifically, it describes the basic mechanisms for determining an attorney's non-contractual fee through the...
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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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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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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Reimbursement of costs in trial proceedings and enforcement proceedings
Mařík, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Summary This thesis investigates the main perspectives of the reimbursement of costs in trial proceedings and enforcement proceedings. During the process of the judicial decision- making is often the issue of reimbursement of costs in trial proceedings and enforcement proceedings considered as of lesser importance. Nevertheless, the extent of professional discussion and frequent amendments of relevant legal regulations testify the very opposite. For this reason, one of the basic aims of this study was to perform a solid analysis of relevant legal adjustments, to point out the real problems while applying them and also to bring the suggestions of possible changes of particular legal regulations. The parts of this thesis are as following - introduction, five chapters, and conclusion. In the introductory part, the author defines the issue and aims of the work which are further described in following chapters. It also contains a definition of basic and key terminology. The first chapter introduces an overview of types of particular costs in trial proceedings, which are essential for understanding the principles and their consequent reimbursements. Alongside with a summary of historical evolution, the author also included practical enforcement and last but not least - the most frequent difficulties of...
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
Costs of civil proccedings This dissertation thesis is aimed onto costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding to the special costs of civil proceedings it deals with its remuneration (amount and extent). Existing Czech law was analyzed on given cases with comparation of law, economic analysis of law and theory of games and as the result the externalities were found and defined with the consequences the law lead to. The application of game theory on given problematics has shown its value for analysis of legal rules and as for future it is a way where the analytics can develop. The dissertation thesis has found a mathematical formula for calculation of summary remuneration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the functioning of civil courts by flood of multiply-lawsuits and externalities, that's costs are borne by tax residents.
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Enforcement proceedings - selected issues
Radnotyová, Nikol ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
The subject of this bachelor thesis are the two latest amendments to the Code of Enforcement Procedure adopted in the year 2015, their impacts on the legal practice and analysis of the legislation preceding and succeeding the adoption of the amendments. The main goal of this work is to examine whether the above-mentioned amendments helped to streamline recovering of debts, to increase the legal protection of debtors and their spouses and whether the amendments have led to increased creditor protection compared to the previous legislation. The work is divided into two parts, each of them is concerned with one of the Code of Enforcement Procedure amendment respectively Code of Civil Procedure amendments.
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Macková, Alena (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
This dissertation thesis is aimed into costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding the special costs of civil proceedings it deals with its renumeration (ammount and extent). Existing czech law was compared on given cases with german and english law; economic analysis of existing czech law governing the renumeration or general costs of civil proceedings was went through and as the result the externalities were found and defined with the consequencies the law lead to. The dissertation thesis has found a mathematical formula for calculation of summary renumeration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the funcioning of civil courts by flood of multicopy-lawsuits and externalities that mean property transfer from wide level of citizens towards to the few individuals (bailiffs). Powered by TCPDF (www.tcpdf.org)
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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