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Reimbursement of costs in trial proceedings and enforcement proceedings
Jelínek, Lukáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of the thesis Reimbursement of costs in trial proceedings and enforcement proceedings is to provide a comprehensive view of the legal regulation on the topic of reimbursement of costs in trial and enforcement proceedings and subsequently to critically evaluate this regulation and to try to find a way to more appropriate solutions. The thesis consists of an introduction, two parts dealing separately with the reimbursement of costs in trial proceedings and the reimbursement of costs in the enforcement proceedings and a conclusion. The introduction specifies the topic of the thesis and its purpose. The first part of the thesis, which covers the reimbursement of costs in the trial proceedings, is divided into seven chapters. The first chapter generally defines the concept of costs. The second chapter then describes the specific types of costs that may be incurred in trial proceedings. The third chapter discusses the aspect of efficiency of costs, which is a very important factor in the decision to pay the costs. The subject of the fourth chapter is the specification of the obligation to pay the costs. The fifth chapter describes in detail the reimbursement of costs of the contentious trial proceedings, both in terms of legislation and in terms of general principles that are relevant to the...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Černý, František ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract The aim of the thesis is to describe comprehensively the issue of reimbursement of costs in trial proceedings and enforcement proceedings. Sometimes, it is considered to be only a marginal part of the civil procedure, however the reimbursement of costs is certainly very important for both parties to a case. Reimbursement of costs of proceedings is a very interesting topic that has been undergoing turbulent development in recent years. The thesis is divided into an introduction, three main parts and a conclusion. The introduction focuses mainly on the definition of the objectives of the thesis and subsequently the interest of the general public in the issue of reimbursement of cost is analyzed. The first part provides the general description of the institute of costs of proceedings and defines the essential terms related to this issue. Subsequently, the types of costs of proceedings and legal regulation connected with them are examined. The second part of the thesis focuses on reimbursement of costs in trial proceedings. The initial chapter explicates general rules contained in the Civil Procedure Code, which are based mainly on the principle of success in the case and the principle of fault. All exceptions to these principles...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Kubíček, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?" Thesis is dived into three parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The part is concluded with description of the goals of costs in proceedings and types of systems of reimbursement of costs. The first part of the thesis is concerned with reimbursement of costs in trial proceedings. The first chapter starts with reimbursement of costs in trial and adversarial proceedings. This chapter is the most extensive. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. The second chapter is concerned with reimbursement of costs in trial and non-adversarial proceedings. This...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Kubíček, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?". Thesis is dived into four parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. In the first part author briefly defines terms trial proceedings and enforcement proceedings in order to clarify subject of the thesis. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The second part of the thesis is concerned with reimbursement of costs in trial and adversarial proceedings. This part is the most extenstive and most evaluated. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. Third part is concerned with reimbursement of costs in trial and non-adversarial proceedings. Third part is divided into three chapters according to the...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Šedivá, Lucie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes the main aspects related to reimbursement of costs in the two kinds of civil procedure. Reimbursement of costs is seen as a secondary topic, but can cause serious property issues to the parties. The purpose of this thesis is to provide a comprehensive look at the issue of reimbursement of costs in trial and enforcement proceedings. The thesis is composed of an introduction, two main sections which are dealing with reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings and conclusion. In the introduction I'm dealing with the reasons why I've chosen this topic. The actual text of the thesis is divided into two main parts - reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings. The first part deals with selected kinds of costs, with an emphasis on case law, and also deals with the issues connected with the abolition of regulation No. 484/2000 Coll. Within subchapters 1.2 and 1.3 I analyze reimbursement of costs in the contentious and non-contentious proceedings, individual principles governing the reimbursement of costs and institutes related to reimbursement, specifically pre- action appeal and the...
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Cost of civil judicial proceedings with particular focus on attorneys' fees
Alexander, Eva ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Title: Cost of civil judicial proceedings with particular focus on attorneys' fees Author: Mgr. Eva Alexander Chair: Civil Law Date (final draft): 30 June 2014 Key words: costs of legal proceedings, reimbursement of legal fees, small claims The thesis analyzes the Czech legal rules relating to the costs of civil judicial proceedings, in particular the attorneys' fees. In the first part, the costs of civil judicial proceedings are described in general, including out-of-pocket expenses of parties and their representatives and counsel, court fees, lost wages, evidence and interpreting costs and notarial fees. The first part further focuses on payment and reimbursement of costs. Under Czech law, the losing party must reimburse the successful party at the rate determined by the statutory rules. The second part deals with the reimbursement attorney's fees, which, until April 2013, took place according to flat rates set forth in a decree. However, the Constitutional Court cancelled that decree due to its effects in small claims cases. As a result, the general statutory schedule for attorney's fees is currently used also for determination of reimbursement of counterparty's fees in civil disputes. The thesis describes both the case law relevant before the decision of the Constitutional Court, which may be...
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