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Declaratory action as a type of action
Řeháková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Declaratory action as a type of action Abstract An action is one of the most important institutes of civil procedure law. It is generally understood as a procedural act of a plaintiff, but it is also understood as an instrument for the protection of the plaintiff 's threatened or infringed right. It is largely governed by the principle of disposition while the action itself is in fact a complex act of disposition of the plaintiff. Every action has three basic mandatory components which are essential to the question of the identity of different actions. Action also must include prescribed general and special requirements. In practice, we distinguish between several types of actions, the most important division being the division according to the content of the claim. This is how we distinguish between actions for specific performance, declaratory actions, constitutive actions and personal status actions. The object of declaratory action is to declare right or legal relationship. In certain cases, object can also be a legal fact. Right can also be declared in relation to some point in the past. Declaratory action has primary preventive function, but this function is not always dominant. Declaratory action can be positive or negative, the purpose of it is to issue declaratory decision, never constitutive one....
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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 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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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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