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Extraordinary remedies in the civil procedure
Nedvěd, Jakub ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Extraordinary remedies in the civil procedure Abstract This thesis deals with extraordinary remedies in the civil law system. First, the thesis provides a definition of each remedy system and a brief description of the main principles on which the remedy systems are built. Then, in chapters three to five, the thesis discusses the individual extraordinary remedies, with particular attention paid to the extraordinary appeal due to its privileged position among the remedies. The extraordinary appeal is followed by a discussion of the action for nullity and then the action for retrial. The positive legislation in Act No 99/1963 Coll., the Code of Civil Procedure, as amended, regulates the action for a declaration of annulment and the action for a retrial together in chapter four. Therefore, chapter five of this thesis deals in particular with the exceptions to the action for a retrial. Chapter six of this thesis aims to present the analogical institutes of extraordinary appeal in the German and Austrian legal systems, which is in particular the revision. In particular, the chapter discusses the conditions under which a given remedy is admissible and presents some specific institutes of the analogical legal systems. Chapter six concludes with a comparison of the frequency of pending appeal/review cases with the...
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The system of remedial measures
Musilová, Markéta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...
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Action for retrial and for nullity
Váňa, Pavel ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Action for retrial and for nullity Abstract This diploma thesis presents two institutes of Czech civil procedural law - an action for retrial and an action for nullity. Both actions are considered extraordinary remedies under Czech law and both can challenge a final court decision. An action for retrial serves to rectify defects in factual findings; an action for nullity serves to rectify procedural defects. Specific court decisions of the district, regional, and high courts are demonstrated in the thesis and prove that despite the scarce employment, the position of the actions within the legal system is justified and deserved. Both actions can further be found, slightly modified, in the upcoming new Civil Procedure Code, which should in the future replace the current Civil Procedure Code. The thesis presents several partial aims and one main aim. The partial aims are to introduce to the reader the actions for retrial and for nullity, to analyse their frequency and the reasons for which the actions were granted, and to make a comparison of Czech and Swedish civil procedural law. Fulfilling the partial aims accomplishes the main goal of the thesis: to provide a critical analysis of the substantive intent of the Civil Procedure Code based on the acquired knowledge. The diploma thesis is divided into six...
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Action for retrial and for nullity
Korbelová, Kateřina ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Action for retrial and for nullity Abstract This diploma thesis deals with action for retrial and for nullity. The aim is to provide a systematic interpretation about both of these institutes and characterize them in a system of extraordinary remedies. Although both of them are regulated in part four chapter two of the Act No. 99/1963 Coll., Civil Procedure Code, as amended, their respective purposes are completely different. Action for retrial serves for a remedy of factual defects as a final decision could not stand due to a fundamental change of facts whereas action for nullity serves for a remedy of important procedural defects which affected court decision itself or proceeding preceding it. Both institutes can challenge a final decision and break the legal certainty brought by it. This diploma thesis contains four chapters. The first of them deals with remedial systems and remedies containing a brief characteristic of individual types of remedial systems and remedies. The second chapter addressing action for retrial and the third chapter dealing with action for nullity represent main parts of the thesis. Division into subchapters is almost identical for both of them and the subchapters cover the following topics: historical development of both institutes, conditions of and grounds for admissibility,...
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Action for the failure of justice
Šrámková, Lucie ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
1 SUMMARY The nullity plea is one of the three extraordinary remedies provided for in the Civil Procedure Code. Its purpose is to correct substantial procedural errors that occurred in judicial decisions or in the preceding civil proceedings. If one of the nullity grounds, regulated by Article 229 of the Civil Procedure Code, is present and all other conditions of admissibility are fulfilled, the court cancels the earlier final decision which terminated the proceedings, regardless of whether or not it is correct from the matter-of-fact point of view. The nullity plea represents a unique institute that solves the conflict between the interest in protecting legal certainty founded by a final decision of the court, and the interest in a defective decision being eliminated. The conditions of its admissibility are therefore set so as to only limit its application to cases in which the second interest prevails. The purpose of the diploma thesis is to provide a complex analysis of the nullity plea, in particular the conditions of its admissibility and the proceedings pertaining thereto. It is divided into six chapters. Chapter One describes the historical development of the nullity plea; nevertheless, it is not only restricted to this institute, but also contains a description of other remedies which were used to...
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Action for a new trial and action for a mistrial
Ročňáková, Marcela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of my thesis is the Action for a new trial and action for a mistrial. The purpose of this thesis is to characterize these actions from point of view of their exceptionality as the extraordinary remedies, to compare their common and different features and to suggest the possible future legislation. The thesis is composed of seven chapters. The aim of the firts and the second chapter is to briefly characterize the redress procedures, the individual repair systems and the remedies from the general point of view, from which these two actions are patterned. The following chapter briefly describes the extraordinary remedies from the point of view of their characteristic signs and their representation in the present legislation. I am also mentioning the two important amendment of civil procedure, which are responsible of creation the system of remedies as we know it in present form in this chapter. The fourth chapter is divided into nine subchapters and dealing with the analyses of the action for a new trial. The purpose of each subchapter is not only to commonly charecterize the action for a new trial, but also to explain under what circumstances is the action for a new trial unallowable, which subjects are justified to sue, which requisites the action for a new trial has to include, and...
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