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Appeal
Pomije, Michal ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Abstract Diploma thesis - Appeal This diploma thesis deals with the legal regulation of one of the extraordinary remedies of the Czech civil process - appeal. The first goal of my diploma thesis was to introduce systematic rules and extraordinary means in general and to add permits to their system, while in the first chapter I further analyzed the corrective systems according to which the scope of control activities of the court is determined. The legal regulation of permits has undergone the existence of dynamic changes during its existence, another, and primary, the aim of this work was described by the current legislation allowing and further outline the development of permitting legislation, which was returned as an extraordinary remedy in 1991. One of the other goals I chose is the description of the new concept of the legal regulation of permission, the regular remedy, which is regulated in the draft of the new Civil Code of the Ministry of Justice - the substantive intent of the Civil Procedure Code. According to the authors of the substantive intent of the introduced larger economic court proceedings, the change of permission to an ordinary appeal. According to the authors of the substantive intent, an important element would be a higher degree of legal certainty for the participants in the...
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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...
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Extraordinary Appeal
Střesková, Markéta ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Extraordinary appeal Abstract In my master's thesis I deal with one of the extraordinary remedial measures in criminal proceedings. The extraordinary appeal, along with the complaint against the violation of the law and the retrial, is a formalized extraordinary remedial measure. It can be used only to contest decisions of the court in the second instance if decided on its merits and permitted by law. It was introduced into the Czech legal system particularly to grant equal rights to both parties, when the accused himself may file an extraordinary appeal in the Supreme Court through his defence counsel. The aim of the thesis is to provide the reader with a comprehensive analysis of individual provisions of the Code of Criminal Procedure dealing with the extraordinary appeal in relation to case law of the Supreme Court and the Constitutional Court of the Czech Republic and professional literature, focusing on problematic aspects of the extraordinary appeal in criminal proceedings. The thesis is based mainly on professional literature and case law and uses descriptively-analytical and comparative writing method. The thesis consists of introduction and ten chapters, which are further divided into subchapters and conclusion. The first chapter deals with the concept of the extraordinary appeal, it is an...
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Extraordinary appeal
Marada, Radim ; Pelc, Vladimír (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
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Application for an appeal rewiev in civil procedure
Jaroš, Adam ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The Application for an appeal review in civil court proceedings is an exceptional remedy, which may brought against final decisions of the Court of appeal. Through the application for an appeal review the Supreme Court of the Czech Republic not only corrects the defects of legal decisions of courts of appeal, but at the same time it keeps an eye on the unification of the decision-making practice of the courts of appeal. The legal regulation of the application for an appeal review is contained in particular in the Code of civil procedure, as amended, and its minor styling techniques can be found also in the Act on the special legal proceedings, and in the Act on courts and judges. Due to quite complicated legislation and high procedural demands that are placed on the application for an appeal review, is this extraordinary legal remedy a frequent subject of the decisions of the Supreme and the Constitutional Court, whose conclusions are in many decisions fundamentally distinguishing. These contradictions in such conclusions often makes legal regulation of an application for an appeal review even less transparent. The Code of civil procedure lays down the fundamental prerequisites to the admissibility of the application for an appeal review and its requirements. In the preparation of the application...
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Extraordinary Appeal
Marada, Radim ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
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