|
|
Extraordinary remedies in the civil procedure system]
Bělohoubek, Karel ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
[Extraordinary remedies in the civil procedure system] Abstract This thesis deals with the Czech system of extraordinary remedies in civil proceedings, not only with their historical genesis and current functioning, but also with a focus on current issues related to them, especially in connection with the forthcoming recodification of civil procedure. The thesis is structured into chapters and is divided into a general part and a special part. In the general part, which includes chapter one, the author attempts to define the basic issues of extraordinary remedies and their distinction from ordinary remedies. Attention is thus paid to the subject of legal force, systems of appeal and the definition of types of defects in decisions, which can be used to distinguish one extraordinary remedy from another. The general part also includes a historical excursion into the legal regulation from the Civil Procedure Code of 1895 to Act No. 404/2012 Coll., which fundamentally changed the admissibility of appeals. The general part concludes with a clarification of the issue of the competition of extraordinary remedies and a comparison with the Slovak system in the light of the current recodification of civil procedure here. The special part, which includes chapters two to six, is introduced by a description of the...
|
|
|
Jurisdiction and Admissibility in the Czech Republic's BITs
Heroutová, Kateřina ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
IN ENGLISH Jurisdiction and Admissibility in the Czech Republic's BITs The purpose of this work is to assess whether the high number of investment cases the Czech Republic had to face was partially prompted by wordings of Czech Republic's BITs. The work focuses on clauses that pertain to jurisdiction of tribunal and admissibility of claim, as these are the first questions that are raised in every proceedings. The work consists of six Chapters. The first Chapter is introductory and outlines the issues that will be examined. The second Chapter defines the terms 'jurisdiction' and 'admissibility' and explains how the concepts relate to provisions of BITs. The third Chapter is dedicated to topic of treaty shopping. It explores cases against the Czech Republic where the issue of treaty shopping was raised, analyses the argumentation and provisions that were used in each case together with similar provisions contained in other Czech BITs, and suggests changes that should be made in order to make the clauses more effective against treaty shopping. The fourth Chapter examines the instance of parallel proceedings commenced against the Czech Republic. In a structure similar to the previous Chapter, it firstly analyses the awards and the BITs that were used together with the rest of the Czech BITs. Finally it...
|
|
|
Extraordinary appeal in Common Plea
Černá, Karolína ; Winterová, Alena (advisor) ; Dvořák, Bohumil (referee)
Extraordinary appeal in common plea represents one of extraordinary remedies which should be the last possibility of judicial review of decisions issued by lower court instance provided by the general court even though such decisions are legitimate. In connection with previous it is necessary that regularization is set in such manner that the interference with the legal relations is insignificant in comparison with interest for review and reach of justice. Within the extraordinary appeal the Supreme Court fulfils its two fundamental functions, i.e. ensuring of individual rights and also consolidation of judgements and completion of law. It is this balance of two functions which have resulted in issuance of quite a lot of amendments to Civil Procedure Code related to the extraordinary appeal in past, thus it is possible to state that the actually valid legal regulation (in its basic outlines) has been de facto same as of the effectiveness of Act no. 404/2012 Coll. Most of amendments were connected with admissibility of the extraordinary appeal which sets the principles for fulfilment of the Supreme Court functions. Determination of admissibility qualification together with determination of reason for extraordinary appeal mean some of essentials of extraordinary appeal which cause difficulties to...
|
|
|
Amendment of Statement of Claim
Urban, Daniel ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Amendment of Statement of Claim Abstract The topic of this thesis is the amendment of the statement of claim, which is one of acts the plaintiff may do at civil judicial proceedings to modify the merits being tried in court. Based on the theoretical, doctrinal and practical knowledge, including case law, the amendment of the statement of claim is looked into in relation to civil contentious proceedings. The amendment of the statement of claim is one of the fundamental legal institutes of the civil procedure and is inherently connected with the principle of delimitation of the subject-matter of a case, the principle to try, and also with the actual merits of the case. It gives the plaintiff a chance to alter the merits in the course of the trial and to modify what is sought by the plaintiff in court. In this important era of upcoming recodification of the Czech civil procedure, this thesis addresses the essential issue of whether the present legal regulation of the amendment of statement of claim, in legislation called "amendment of the petition", is satisfactory or whether the amendment of the statement of the claim is the legal institute awaiting the recodification with a hope for its better legal regulation in the future. This issue is analysed in the thesis especially as for the admissibility of the...
|
|
|
Principle of complementarity in the Rome Statute
Urbanová, Kristýna ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Principle of complementarity in the Rome Statute The thesis provides a reader with analysis of non/operation of principle of complementarity in practice of the International Criminal Court. The principle of complementarity concerns rules governing a relationship between national courts and the ICC in the context of exercise of jurisdiction over the crimes under international law covered by the Rome Statute. From the beginning, the principle of complementarity has been considered as a cornerstone of the Rome Statute and has been often contrasted with principle of primacy enjoyed by the International Criminal Tribunal for Former Yugoslavia and International Criminal Tribunal for Rwanda. During the adoption of the Rome Statute, both the states and researches expected that thanks to complementarity the ICC would act only as a court of a last resort and would exercise its jurisdiction only if states endowed with jurisdiction would be unwilling or unable to investigate or prosecute those responsible for international crimes in jurisdiction of the ICC. The amount of emphasis put on unwillingness or inability of states to investigate and prosecute should have guaranteed a balance between a protection of state sovereignty and effective and credible operation of the International Criminal Court. The...
|
|
|
Jurisdiction and Admissibility in the Czech Republic's BITs
Heroutová, Kateřina ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
IN ENGLISH Jurisdiction and Admissibility in the Czech Republic's BITs The purpose of this work is to assess whether the high number of investment cases the Czech Republic had to face was partially prompted by wordings of Czech Republic's BITs. The work focuses on clauses that pertain to jurisdiction of tribunal and admissibility of claim, as these are the first questions that are raised in every proceedings. The work consists of six Chapters. The first Chapter is introductory and outlines the issues that will be examined. The second Chapter defines the terms 'jurisdiction' and 'admissibility' and explains how the concepts relate to provisions of BITs. The third Chapter is dedicated to topic of treaty shopping. It explores cases against the Czech Republic where the issue of treaty shopping was raised, analyses the argumentation and provisions that were used in each case together with similar provisions contained in other Czech BITs, and suggests changes that should be made in order to make the clauses more effective against treaty shopping. The fourth Chapter examines the instance of parallel proceedings commenced against the Czech Republic. In a structure similar to the previous Chapter, it firstly analyses the awards and the BITs that were used together with the rest of the Czech BITs. Finally it...
|
|
|
Optimality of sample variance
Gleta, Filip ; Kulich, Michal (advisor) ; Anděl, Jiří (referee)
It is widely known that the most common estimators of the variance and the standard deviation based on i.i.d. data are not optimal with respect to the mean squared error. The aim of this thesis is to study and summarize the various approaches to seeking an improved estimator, which stem mainly from the innovative ideas presented by Stein (1964). Taken into consideration is the point estimator of the variance and the standard deviation. Each of the improved estimators include, in addition to their construction, a discussion regarding admissibility with respect to the MSE. Subsequently, using simple simulations for various distributions, it is examined whether obtained improvements lead to better results in practice. Powered by TCPDF (www.tcpdf.org)
|
|
|
The Action for failure to act governed by Art. 265 TFEU
Hrabalová, Jana ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
This thesis deals with the action for failure to act which is governed by Art. 265 TFEU. The purpose of the action for failure to act is a defence against unlawful failure to act of institutions and bodies of the EU. I describe an action for failure to act, define the conditions of admissibility, compare the action for failure to act to the action for annulment and analyse the decisions of the CJEU. The aim of the work is based on theoretical findings and analysis relevant decisions of the CJEU to determine the reasons for the low success rate of the action and try to formulate rules for bringing an action so that the present action was successful.
|
guest ::
