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Protective measures in Czech Civil Procedure Law
Kůsová, Eva ; Dvořák, Bohumil (referee)
Protective measures in Czech Civil Procedure Law Abstract This dissertation deals with the protective measures constituting a special type of the Czech civil procedure besides the proceedings on law finding, enforcement and insolvency. The theory refers to this sort of procedure as a set of procedural institutes that have little in common, except for the same basis residing in interim securing of rights or in securing effective exercise of rights. The author deals with the protective legal instruments as perceived by the predominant doctrine, which corresponds to the essence of the matter and to the legal regulation, that is to say, pre-trial reconciliation (also called a Praetorian reconciliation), preliminary measures (injunctions), pre-trial evidence and subject of the evidence securing, judicial (and also executor) lien and disturbed possession action. She emphasizes the general regulation of preliminary measures, but the submitted analysis is in a significant extent applicable as well to the preliminary measures under the Act on Special Court Proceedings. The objective of the dissertation is to present a complex work on the protective measures in Czech civil procedure law, currently absent in the Czech legal literature. The author has divided the dissertation into two parts - general and special. The...
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Protective measures in Czech Civil Procedure Law
Kůsová, Eva ; Dvořák, Bohumil (referee)
Protective measures in Czech Civil Procedure Law Abstract This dissertation deals with the protective measures constituting a special type of the Czech civil procedure besides the proceedings on law finding, enforcement and insolvency. The theory refers to this sort of procedure as a set of procedural institutes that have little in common, except for the same basis residing in interim securing of rights or in securing effective exercise of rights. The author deals with the protective legal instruments as perceived by the predominant doctrine, which corresponds to the essence of the matter and to the legal regulation, that is to say, pre-trial reconciliation (also called a Praetorian reconciliation), preliminary measures (injunctions), pre-trial evidence and subject of the evidence securing, judicial (and also executor) lien and disturbed possession action. She emphasizes the general regulation of preliminary measures, but the submitted analysis is in a significant extent applicable as well to the preliminary measures under the Act on Special Court Proceedings. The objective of the dissertation is to present a complex work on the protective measures in Czech civil procedure law, currently absent in the Czech legal literature. The author has divided the dissertation into two parts - general and special. The...
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Protective measures in Czech Civil Procedure Law
Kůsová, Eva ; Macková, Alena (advisor) ; Elischer, David (referee) ; Petrov, Jan (referee)
Protective measures in Czech Civil Procedure Law Abstract This dissertation deals with the protective measures constituting a special type of the Czech civil procedure besides the proceedings on law finding, enforcement and insolvency. The theory refers to this sort of procedure as a set of procedural institutes that have little in common, except for the same basis residing in interim securing of rights or in securing effective exercise of rights. The author deals with the protective legal instruments as perceived by the predominant doctrine, which corresponds to the essence of the matter and to the legal regulation, that is to say, pre-trial reconciliation (also called a Praetorian reconciliation), preliminary measures (injunctions), pre-trial evidence and subject of the evidence securing, judicial (and also executor) lien and disturbed possession action. She emphasizes the general regulation of preliminary measures, but the submitted analysis is in a significant extent applicable as well to the preliminary measures under the Act on Special Court Proceedings. The objective of the dissertation is to present a complex work on the protective measures in Czech civil procedure law, currently absent in the Czech legal literature. The author has divided the dissertation into two parts - general and special. The...
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