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Selected aspects of the right to fair trial in civil proceedings
Král, Kristína ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
1 Selected aspects of the right to fair trial in civil proceedings Abstract Rigorous thesis titled Selected aspects of the right to fair trial in civil proceedings focuses on introduction of the aspects of the right to fair trial on the constitutional level as well as specifically in the context of civil proceedings. The historical circumstances of the origins of the right to fair trial in the different jurisdictions and the establishment of the right to fair trial in the Czech legal system are explained. Definition of each aspect of the right to fair trial in legislation and case law is presented with a stress on the importance of each aspect for civil proceedings. Four aspects of the right to fair trial are given special attention. These are the independence and impartiality of the court and of the judge, the right to a legal judge, the equality of arms and the judicial economy. The current legal definition is introduced in relation to each selected aspect. Then, the factual fulfilment of the aspect is analysed and when relevant a consideration is given to possibilities of applicable remedies. In relation to the first two aspects (closely related to the judges) a special focus is aimed at the impacts of individual judges' behaviour on the public's view of the justice system. The fulfilment of the equality...
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Comparison of Czech and Spanish regulation of representation in civil proceedings
Tomíčková, Nikola ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and Spanish regulation of representation in civil proceedings The objective of this thesis is to examine the fundamental aspects of Czech and Spanish regulation of representation of the parties to civil proceedings through a comparison of said regulations and to answer the set research questions. Examining the institute of representation in civil proceedings is topical due to the ongoing work on the new Code of Civil Procedure given that it is likely the regulation of representation will undergo substantial changes compared to the current regulation in the Code of Civil Procedure currently in effect. In this context, the presented thesis answers the question of how similar the regulations are, in which areas they show similarity and whether, or in which specific areas, the current Spanish regulation can serve as an example and inspiration for future Czech regulation. The first two chapters of this thesis explore the basic elements of the Czech and Spanish regulation of representation in civil proceedings respectively. To give some context, the concepts of civil court proceedings, representation and representation in civil proceedings are first briefly explained in each of the chapters. The thesis then goes on to examine the institute of representation from the point of how it...
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Procedural acts of the Parties to the Proceedings
Havlíková, Anna ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural acts of the Parties to the Proceedings Abstract The submitted diploma thesis is devoted to procedural acts of the parties to the proceedings, which we understand as every expression of will of a party to the proceedings as a result of which a civil procedural relationship arises, changes or ceases. As the title of the thesis suggests, main focus of the thesis are procedural acts of the parties to the proceedings, not participants in the proceedings. The term used in the current legislation is "participant in the proceedings", not "party to the proceedings", however, for the purposes of this thesis, the term "parties to the proceedings" denotes parties to the contentious proceedings, i. e. the claimant and the defendant. According to the author of this thesis, the term "party to the proceedings" better reflects the adversarial position of the parties to the proceedings defending their conflicting interests in the proceedings. In conclusion, the subject of this thesis are procedural acts of the parties to the contentious proceedings, i. e. the claimant and the defendant. This diploma thesis is divided into six chapters. The first chapter contains a definition of terms procedural acts and parties to the proceedings. The second chapter is devoted to the requirements of procedural acts of the parties...
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eJustice in civil procedure
Souhrada, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
eJustice in civil procedure Abstract This thesis deals with eJustice in civil proceedings, and specifically with electronic tools that can be used in civil proceedings. The purpose of the thesis was to describe and analyse the current legal regulation of the eJustice tools introduced so far from the perspective of civil proceedings using the descriptive method and the analytical method and to answer the research questions that the author asked in the introduction of the thesis. The thesis consists of seven chapters. The first chapter focuses on the relationship between eGovernment and eJustice. The second chapter provides an explanation of the concept of eJustice in civil proceedings. The third chapter maps the historical development of eJustice in the Czech Republic. The fourth chapter describes the goals set for eJustice. The fifth chapter discusses the individual eJustice tools applicable in civil proceedings, namely electronic communication tools, tools for payment of court fees, tools related to obtaining information necessary for a decision, tools related to random allocation of ideas, tools related to the course of court proceedings and tools through which courts provide information about their activities to the public. The sixth chapter evaluates the tools described and analysed in the previous...
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The preliminary ruling
Chudoba, Stanislav ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The preliminary ruling The subjects of thesis research are preliminary rulings considering the Czech civil proceedings and preliminary rulings submitted to the Court of Justice of the European Union. The thesis is designed to analyze legal changes made to the preliminary rulings with emphasis on the case-law. The introductory historical part of this thesis describes the then Roman law institute called praeiudicium, in which the beginnings of the development of the current form of the preliminary rulings can be observed. Later on, the attention of the thesis is shifted towards preliminary rulings in the legal order of the Czech Republic. After the opening determination of the term, the following chapters begin to focus on the nuances of the terminology of this procedural institute, position of the preliminary ruling in the judgment or explaining the differences between material and procedural preliminary rulings. The main chapter is centered around the boundness of the court by existing decisions regarding the specific question. This part is followed up by the explanatory breakdown of the law in force. The next chapters of the thesis discuss the assessment of the preliminary rulings that have not been ruled yet. The chapters also examine facultative and obligatory suspension of the proceeding...
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Representation in civil proceedings
Kodetová, Kristýna ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Representation in civil proceedings Abstract The thesis deals with legal regulation of representation in civil proceedings. The text analyses this traditional legal construct, evaluates legal regulation currently in effect as well as legal regulation indicated in the new Civil Procedure Code proposal, and presents de lege ferenda proposals. The thesis begins with an introduction, in five chapters it deals with general questions related to representation, representation based on Act, representation based on the power of attorney, representation on the basis of the court decision, obligatory representation by an attorney, and ends with a conclusion. The chapter on general questions related to representation covers the meaning of representation, providing evidence of the right to represent a party to proceedings and conflict of interests. The chapter on representation based on Act is divided into two sub-chapters: representation based on Act in order to remedy a lack of procedural conditions and representation based on Act in order to protect a party to proceedings. Thoughts on the definition of capacity to take part in proceedings are included in this chapter. The chapter on representation based on the power of attorney outlines analysis of the right to choose a representative, the power of attorney as...
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Types of civil procedure
Chromčíková, Viktória ; Zoulík, František (advisor) ; Pohl, Tomáš (referee)
Types of civil proceedings written by Viktória Chromčíková Abstract This thesis deals with kinds of civil proceedings which have developed for protection of rights in private law sphere. Courts are the authorities that provide protection for rights. In civil proceeding they judge disputes in private law and other issues provided by special acts. There are several kinds of civil proceedings that have developed in time. The history of civil proceeding is described in the first chapter of this work. In the other chapters there are particular kinds of civil proceedings existing according to the present Czech law analyzed. Adversary proceedings resolve the usual dispute of two parties which obtains all that it takes - proceeding is initiated by a petition against a certain person. There must be a hearing held in the case where the both parties are heard (they have the same opportunity). Opposite to this procedure there are proceedings where there is no dispute in the case, but the decision of a court is obliged according to a special act. There is a special public interest on this judgment (decision). Therefore this kind of proceeding can be initiated in official duty and principle of investigation is applied. Execution is initiated only in private interest and is complied with different principles than the...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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Procedural requirements of civil proceedings and examination thereof
Hájková, Petra ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Procedural requirements of civil proceedings and examination thereof Abstract The main purpose of the submitted thesis is to provide a comprehensive treatise on procedural requirements of civil proceedings and examination thereof, as well as on addressing the deficiencies of procedural requirements identified during the proceedings and consequences arising in the event of failure to adress such deficiencies. The aim of this thesis is to present and analyse not only the requisites of civil proceedings, which are expressly identified as procedural requirements by the Code of Civil Procedure, but also such requisites regarding their classification as procedural requirements the professional public has not reached the consensus. The thesis is structured into five parts, then into chapters and subchapters. The first part of the thesis concentrate primarily on the definition of the concept of procedural requirements and the differentiation of deficiencies of procedural requirements from defects in the document instituting the proceedings. The second part is devoted to detailed description of the procedural requirements on the part of the court, namely the civil competence and jurisdiction of the court. The third part describes the procedural requirements on the part of the participants, ie the procedural...
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The Position of Review Appeal in the System of Remedies
Ambrož, Vojtěch ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The Position of Review Appeal in the System of Remedies Abstract What is the purpose of the review appeal in civil matters? Should the review appeal be of an ordinary or extraordinary nature? Should the admissibility requirements of the review appeal be determined entirely objectively, or should it depend, at least in part, on the subjective discretion of the appellate court? This is only a part of numerous questions that have accompanied the institute of review appeal for several historical stages and, due to the planned overall re- codification of the civil procedure law, these issues remain relevant even today. The author of this work aims to provide an answer to some of these questions based on a critical view of the historical development of the review appeal, current legislation concerning this matter and the review appeal from de lege ferenda perspective. In the first chapter, the author generally discusses remedies in civil proceedings, their nature, effects, and definition of the review appeal. The greatest attention is paid to the purposes of the review appeal, which include finding individual justice and unifying the decision-making practice of the civil courts. In the second chapter, the author focuses in detail on the historical development of the institute of review appeal. Its important...
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