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Types of actions in The Civil Process
Karafová, Iveta ; Winterová, Alena (advisor) ; Macková, Alena (referee)
1 Summary The purpose of my thesis is not only to summarize the list of actions which we can find in The Czech civil process, but describe them and make focus on some of the main problems in applications and interpretation of actions. The thesis is composed of fifteen chapters, each of them dealing with different aspects of actions. I have looked into the issues by method of research in literature and judicature and analyzes of main problems in comparing with judicature. First chapter is simply introductory to the area. Second chapter introduce actions generally and define basic terminology used in the thesis. In the first part of second chapter we can find short entrance to the history of actions. The term of action in the civil remedial law represents a universal procedural means of the protection of rights which is not directly linked with material law directed at its protection. All the more this frequently applied institute is important since it provides prevention although indirectly for the rights which are threatened by legal insecurity and so it serves to fulfill the fundamental principles of a democratic state guaranteed by the Constitution and the Bill of Rights, particularly the principle of peace (legal security) and the right of just suit: "Everybody can sue for his/her right using a defined...
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Judicial review of the decisions of public authorities in matters of private law
Křišťanová, Natálie ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
The presented dissertation deals with the current legislation of judicial review of administrative decisions in civil matters, which is incorporated into the fifth part of the Code of Civil Procedure. The introduction outlines the historical context of this legislation, as well as the fundamental motives that led to the formation of the current form of the evaluated legal regulations. Attention is also given to specific issues related to the chosen topic, in particular the question of dualistic concept of judicial protection, adopted within the reform of the administrative judiciary effective from 1st January 2003, as well as the issues of a conflict of jurisdictions, which is one of the consequences of exclusion of the review of decisions of public authorities about private individual rights from the jurisdiction of courts deciding in administrative judiciary, and assigning this agenda to civil courts, which occurred within the context of the mentioned reform. The focus of this work is to describe the valid and effective fifth part of the Code of Civil Procedure, within which a special emphasis is placed on the problematic aspects of this legislation. The main aim will be to clarify or explain controversial provisions, if needed using case law, as well as the publications expressing sometimes conflicting...
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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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Judicial review of the decisions of public authorities in matters of private law
Křišťanová, Natálie ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
The presented dissertation deals with the current legislation of judicial review of administrative decisions in civil matters, which is incorporated into the fifth part of the Code of Civil Procedure. The introduction outlines the historical context of this legislation, as well as the fundamental motives that led to the formation of the current form of the evaluated legal regulations. Attention is also given to specific issues related to the chosen topic, in particular the question of dualistic concept of judicial protection, adopted within the reform of the administrative judiciary effective from 1st January 2003, as well as the issues of a conflict of jurisdictions, which is one of the consequences of exclusion of the review of decisions of public authorities about private individual rights from the jurisdiction of courts deciding in administrative judiciary, and assigning this agenda to civil courts, which occurred within the context of the mentioned reform. The focus of this work is to describe the valid and effective fifth part of the Code of Civil Procedure, within which a special emphasis is placed on the problematic aspects of this legislation. The main aim will be to clarify or explain controversial provisions, if needed using case law, as well as the publications expressing sometimes conflicting...
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Types of actions in The Civil Process
Karafová, Iveta ; Winterová, Alena (advisor) ; Macková, Alena (referee)
1 Summary The purpose of my thesis is not only to summarize the list of actions which we can find in The Czech civil process, but describe them and make focus on some of the main problems in applications and interpretation of actions. The thesis is composed of fifteen chapters, each of them dealing with different aspects of actions. I have looked into the issues by method of research in literature and judicature and analyzes of main problems in comparing with judicature. First chapter is simply introductory to the area. Second chapter introduce actions generally and define basic terminology used in the thesis. In the first part of second chapter we can find short entrance to the history of actions. The term of action in the civil remedial law represents a universal procedural means of the protection of rights which is not directly linked with material law directed at its protection. All the more this frequently applied institute is important since it provides prevention although indirectly for the rights which are threatened by legal insecurity and so it serves to fulfill the fundamental principles of a democratic state guaranteed by the Constitution and the Bill of Rights, particularly the principle of peace (legal security) and the right of just suit: "Everybody can sue for his/her right using a defined...
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