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Climate Litigation
Baránková, Barbora ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Climate Litigation ABSTRACT The topic of this thesis is climate litigation, as an increasingly more popular tool used in attempts to hinder climate change. Climate litigation consists of a truly diverse group of cases submitted to a wide range of adjudicatory bodies. The objective of this thesis is to provide a definition and basic typology of climate cases, to analyse the requirements for their success and their impact on climate change policy. The thesis analyses climate cases from all over the world, as well as from the Czech republic. The thesis is divided into six chapters. The first chapter offers a brief information on the consensus regarding the urgency of climate change and an overview of the most significant instruments of climate protection in international law. The second chapter attempts to introduce a definition and a fundamental typology of climate litigation. The chapter further identifies the concepts of success and positive impact of climate litigation on climate change regulation. The focus is also on strategic litigation, which is becoming on of the most successful types of climate litigation. The third and fourth chapter analyse in detail the characteristics of international and national climate litigation. The author primarily observes the similarities and differences in the categories...
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Dispositional acts of the parties to the civil proceedings
Strakošová, Simona ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Dispositional acts of the parties to the civil proceedings Abstract The diploma thesis deals with the issue of dispositional acts of the parties to the civil proceedings. The thesis therefore focuses on individual dispositional acts in contentious and non- contentious proceedings and on the displays of declaratory principle that affect the civil proceeding through these acts. The aim of the thesis was to analyze the current Czech legal regulation of dispositional acts using not only valid legal regulations, but also professional literature, professional articles and case law. With regard to the current case law this thesis also concentrates on selected issues related to the application of dispositional acts in procedural practice, it outlines some potential problems of interpretation and takes a stand on them. The first chapter of this thesis deals with the declaratory principle, primarily with its essence and influence of contentious proceedings. It describes two main aspects of disposition in proceedings and explains the inclusion of this principle in the typology of principles specific to individual branches of the civil proceedings. The second chapter contains an explanation focused on the issue of participation in civil proceedings and clarifies who can be considered a participant eligible to perform...
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Types of action in The Civil Process
Macháčová, Magdalena ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Thesis with the topic "Types of action in The Civil Process" The objective of the thesis with the topic "Types of action in The Civil Process" is to offer a comprehensive view of the positive treatment of various types of action in the Czech civil procedural law. The action is a significant procedural institution, which is considered a universal means of protection of rights, and in both theory and practice it is treated with due importance. The thesis is divided in eleven chapters. In the first half, I define general characteristics of the action and its legal effects; in the second, I deal with the individual types of action in detail and analyse their specifics by means of a detailed of the literature and case law review method.
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Types of civil procedure
Kratochvílová, Jitka ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The goal of my Master's degree thesis is to describe the relation between an action and a judgment. My paper is divided into 9 chapters and several subchapters. After a general introduction in chapter 1, I describe the civil procedure and its basic principles in chapter 2. Chapter 3 is focused on describing an action and a judgment separately. It defines both of these acts, an action as an act of a plaintiff, a judgment as an act of a court. This basic definition is followed by an explanation of what form must these two acts have (written, oral, electronic…) according to the Czech Civil Procedure Code. In the next subchapter I describe the main requirements of these two acts (an action - court address, names of a plaintiff and a respondent, names of their representatives…, a judgment - a verdict, a justification and guidance on appeals). Chapter 4 provides the relation between an action requirement and a judgment verdict. A plaintiff summarizes his/her requests in an action requirement. By that he/she is presenting the dispute to the court. The court deals with plaintiffs' requests in his verdict. We can say the verdict of the court is destined by the action requirement. In the last subchapter of chapter 4 I am presenting several examples of action requirements and judgment verdicts. In Chapter 5...
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Sexual harassment in the media on the example of the American television channel Fox News
Kytková, Barbara ; Miessler, Jan (advisor) ; Štoll, Martin (referee)
The thesis Sexual Harassment in the Media on the Example of American Television Fox News aims to describe the sexual harassment affair in the American television company Fox News and compare it with similar cases in other American media organizations. The 2016 case led to the dismissal of Roger Ailes, the company's longtime director, and set off a wave of accusations of sexual harassment in other media, leading to the discrediting of several moderators and prominent figures in the American media. The main goal is to find out whether sexual harassment is a known, systemic phenomenon in America or not. Sexual harassment is also associated with the world-wide anti-sexual harassment movement Me Too, which emerged shortly after the Ailes scandal broke out. Therefore, I want to refute or confirm the hypothesis whether most cases of sexual harassment in the media began to appear only after Me Too became a world-famous movement. The main research method is a search of selected media, such as the New York Times, which has dealt extensively with the case. One of the main results should also be to find out whether harassment has always led to the release of the culprit and whether the victims have received apology or compensation from the media.
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Types of civil actions in the civil process
Rosa, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Types of civil actions in the civil process This graduation paper is divided into four chapters. The first chapter describes an action as such. It covers most aspects of an action such as the elements of an action, defects, consequences of filing an action and possible dispositions. An analysis of these aspects should enhance the reader's orientation in the legal terms and help to understand the context and relations between individual types of actions in the following chapters. More focus was put on the prayer for relief as a key element used to categorise individual types of action. The section "Prayer for relief and its types" provides several examples that could help clarify the issue of their categorisation to the non-professional public. The second chapter describes the modern history of the types of actions and the development of procedural legislation. It also contains a reference to the new drafted rules of judicial procedure as a considered replacement of the current Rules of Civil Procedure. The third chapter provides a categorisation of actions and their individual types. Major focus is devoted to the highly discussed declaratory action, plea of res judicata, and the binding nature of the court's justification. Each analysed type of action contains at least one practical and informal...
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Declaratory action
Kubričanová, Markéta ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
Declaratory action Abstract Declaratory action is an instrument which enables to claim authoritative judicial statement that certain legal relation or right exists or not exists if the plaintiff has urgent legal interest on such declaration. After introduction of an action in general, formal requirements of an action and effects of taking an action the thesis deals with declaratory action complexly - from brief excursion to its historical development through its legal regulation and judgments of the courts of higher instance that evolve the legal regulation furthermore including treatise on special declaratory actions explicitly specified in statutes which have otherwise substantive character. Through the practically most frequent declaratory actions it is pointed out to problematic aspects which can appear in connection with taking these actions and it is outlined how to compose the declaratory action. In conclusion there is attached the comparison of legal regulation of the declaratory action in the Slovak Republic and in the United Kingdom.
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Incidental disputes in insolvency proceeding
Gaierová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this diploma thesis dedicated to the issue of incidental disputes in insolvency proceeding was to determine the incidental disputes in proceedings, categorize them systematically, outline their character and set a comprehensive overview of these disputes. Within the insolvency proceedings incidental disputes are largely solved as case law, which the author of this work deals within the description of the various types of disputes. The thesis is divided into fourteen chapters, which are further divided into subsections and parts. The first two chapters are devoted to insolvency proceeding in general, especially when the character and purpose of the insolvency proceeding as well as the conceptual definition of insolvency proceeding and its consequences are outlined, because without these underlying premise would be impossible to describe the issue as a whole. Incidental disputes have undergone throughout history certain development and as an incidental are spoken only in the 90s of the 20th century. The third chapter of the thesis is dedicated to the historical development of insolvency proceedings in Czech territory and comparisons applicable regulation of insolvency proceedings with modifications beginning in the 1781 and the issue of the general bankruptcy order compared to other...
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Civil action
Tekeľová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This master's thesis deals with the civil action. A civil action denotes a pleading of the plaintiff to initiate a civil procedure. It represents a fundamental act based on the disposition principle of the party seeking protection of their private rights that they claim to be endangered or violated before a court of law. Thus, a civil action is a manifestation of the right to legal protection and in connection to that right, the obligation of the state is to ensure that all parties can enforce their rights in a stipulated way of actions before an independent and unbiased court of law. This master's thesis is divided in the following seven chapters: historical development, civil procedure, rules of civil procedures, actions, types of actions, disposition principles with complaints and the types of demanded outcomes of the plaintiffs. The contents of the first chapter are the historical development of civil actions. The chapter is divided into two parts. The first part is devoted to the Roman action, where the character and form of the action in Roman law are described and further the single types of actions that the Roman law had are outlined. The second part deals with the historical development of actions in the Czech lands, i.e. from the ancient times, through the period of absolutism until today....
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Case "Hitler is gentleman" in Czech media: Peroutka, Zeman and Ovčáček (Case study)
Adamec, Tatiana ; Štoll, Martin (advisor) ; Trampota, Tomáš (referee)
The case of supposed (alleged) Ferdinand Peroutka's article Hitler is gentleman which caused on 27th January 2015 at the conference Let My People Live! in Prague president Milos Zeman filled up the Czech news media. The aim of this thesis is to explore and analyse how these case was displayed in the media and how have the media approached to this case. This work is trying to assess the extent of media content in these media, the presence and importance of the communication and is also focused on the deeper meaning of the investigated material. The goal was to bring a sight and aspects of the possible inclination of the media, as an institution, to either side of the dispute. Traditional media like television, radio and press, were the main research sample. In addition to Czech Television it was extended for a second public service medium Czech Radio. As an additional source of traditional media the newspaper Lidove noviny and the magazines Respekt and Reflex were chosen. The main actor of the case is the president of the state and his spokesman who tried to find a allegedly non-existent article. This work will therefore focus on the parsing and the analysis of aspects related to their appearance and action. Ferdinand Peroutka was accused of fascination with Nazism, media did "support" this affair...
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