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Regular Appeal in civil proceedings
Graus, Lukáš ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Regular Appeal in civil proceedings As it is the case in ordinary life also in judicial decision making, errors cannot always be omitted. A judicial decision can suffer from various defects that may have different characteristics or the judicial decision may not necessary suffer from such defects, but the litigants may consider it as defective due to them being unsatisfied with the unfavorable outcome. For this reason, the civil procedural code contains institutes that enable the modification, revocation or affirmation of a judicial decision. These institutes constitute the appellate procedure are subdivided into regular and extraordinary, depending on whether the litigants are appealing a decision that has already became valid or not. The aim of this diploma thesis is to focus on the current legal regulation of the appellate procedure with a strong emphasis on regular appeal in dispute proceedings. I chose this topic as the focus of my diploma thesis because it is the only regular remedy contained in the czech civil procedural code and therefore the most commonly used in judicial practice and also the one, I am most familiar with from my own professional experience. The fundamentals of the appellate proceedings are contained in the Act no. 99/1963 coll., civil procedural code, which regulates the...
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Appeal in civil procedur
Němečková, Bára ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Appeal in civil procedure The aim of this diploma thesis is to describe the law regulation of appeal in czech civil procedure in connection with application of law by judges. I tried to describe the process of appeal procedure in Czech Republic and also describe a practical problem connected with application of law. This type of legal remedy is the most applied way how to examine or change the verdict of the judge. I have choosen the topic Appeal in civil procedure, because I am interested in civil procedure at all and in the future I would like to become a judge assistant. I think that knowledge of civil procedure is very important for each lawyer. The legal regulation of appeal and other legal remedies is enshrined in the legal act No. 99/1963, called Občanský soudní řád (Civil Procedure) in Czech Republic. The regulation we can find also in other legal acts (e.g. No. 292/2013 called Zákon o zvláštních řízeních soudních). This thesis is divided into twelve chapters, each charter is focused on different issue of this topic Appeal in civil procedure. The thesis is consisted of theoretical explanation of the institution of appeal in civil procedure and I also tried to emphasize the meaning of the practice of the courts, because the practical application of law is maybe more important than the...
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Ordinary Legal Remedies in Czech Criminal Procedure
Vojta, Martin ; Spirit, Michal (advisor)
This thesis deals with the topic of judicial remedies admissible against decisions, which haven't become legally effective. The Czech Criminal Procedure recognizes three kinds -- appeal, complaint and protest against criminal writ. The first part contains commentary on leading principles and maxims of criminal remedial proceeding. It is followed by thorough examination of the three currently effective judicial remedies. This part is divided according to individual elements of these remedies such as: essential requirements on form and content, allowed reasons and object, entitled persons, the procedure itself and possible outcomes. The last part briefly summarizes expected changes that will be brought about by the new legislation, which is being prepared at the time. Remedial Criminal Procedure represents although it is not compulsory a vital stage of Criminal Procedure in any democratic country. It helps to guarantee its fairness and righteousness. Legal remedies contribute to the protection of human rights touched by the state during criminal trials.
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