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Action for retrial
Knotek, Šimon ; Vyskočilová, Silvia (advisor) ; Střeleček, Tomáš (referee)
Action for retrial Abstract This diploma thesis deals with issues of action for retrial. Its aim is to describe contemporary form of this extraordinary remedy how as it is regulated in the act No. 99/1963 Coll., Civil Procedure Code., carry out its comparison with Slovakian regulation and with the substantive intent of the Civil Procedure Code and also submit solution to some aspects of possible future regulation. The thesis is divided into five chapters. The intention of the first chapter was to introduce basic terms and system, which includes action for retrial is its part. Part of this chapter is also dedicated to brief historical excursion, which tackles development of remedies since 1781 until publication of substantive intent of the Civil Procedure Code in the 2020 version. The second chapter covers the action for retrial itself. Its subchapters gradually analyse individual elements of this extraordinary remedy in the form of admissibility, the grounds for bringing the action, persons entitled to bring action, time limits, particulars of the action, proceedings and decisions on it, costs of the proceedings and court fees, as well as the issues of the status of action for retrial among other extraordinary remedies. The third chapter concentrates on comparing the Slovakian Civil Procedure Code with...
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Extraordinary remedies in the civil procedure
Nedvěd, Jakub ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Extraordinary remedies in the civil procedure Abstract This thesis deals with extraordinary remedies in the civil law system. First, the thesis provides a definition of each remedy system and a brief description of the main principles on which the remedy systems are built. Then, in chapters three to five, the thesis discusses the individual extraordinary remedies, with particular attention paid to the extraordinary appeal due to its privileged position among the remedies. The extraordinary appeal is followed by a discussion of the action for nullity and then the action for retrial. The positive legislation in Act No 99/1963 Coll., the Code of Civil Procedure, as amended, regulates the action for a declaration of annulment and the action for a retrial together in chapter four. Therefore, chapter five of this thesis deals in particular with the exceptions to the action for a retrial. Chapter six of this thesis aims to present the analogical institutes of extraordinary appeal in the German and Austrian legal systems, which is in particular the revision. In particular, the chapter discusses the conditions under which a given remedy is admissible and presents some specific institutes of the analogical legal systems. Chapter six concludes with a comparison of the frequency of pending appeal/review cases with the...
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Action for retrial and for nullity
Váňa, Pavel ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Action for retrial and for nullity Abstract This diploma thesis presents two institutes of Czech civil procedural law - an action for retrial and an action for nullity. Both actions are considered extraordinary remedies under Czech law and both can challenge a final court decision. An action for retrial serves to rectify defects in factual findings; an action for nullity serves to rectify procedural defects. Specific court decisions of the district, regional, and high courts are demonstrated in the thesis and prove that despite the scarce employment, the position of the actions within the legal system is justified and deserved. Both actions can further be found, slightly modified, in the upcoming new Civil Procedure Code, which should in the future replace the current Civil Procedure Code. The thesis presents several partial aims and one main aim. The partial aims are to introduce to the reader the actions for retrial and for nullity, to analyse their frequency and the reasons for which the actions were granted, and to make a comparison of Czech and Swedish civil procedural law. Fulfilling the partial aims accomplishes the main goal of the thesis: to provide a critical analysis of the substantive intent of the Civil Procedure Code based on the acquired knowledge. The diploma thesis is divided into six...
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Action for retrial and for nullity
Korbelová, Kateřina ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Action for retrial and for nullity Abstract This diploma thesis deals with action for retrial and for nullity. The aim is to provide a systematic interpretation about both of these institutes and characterize them in a system of extraordinary remedies. Although both of them are regulated in part four chapter two of the Act No. 99/1963 Coll., Civil Procedure Code, as amended, their respective purposes are completely different. Action for retrial serves for a remedy of factual defects as a final decision could not stand due to a fundamental change of facts whereas action for nullity serves for a remedy of important procedural defects which affected court decision itself or proceeding preceding it. Both institutes can challenge a final decision and break the legal certainty brought by it. This diploma thesis contains four chapters. The first of them deals with remedial systems and remedies containing a brief characteristic of individual types of remedial systems and remedies. The second chapter addressing action for retrial and the third chapter dealing with action for nullity represent main parts of the thesis. Division into subchapters is almost identical for both of them and the subchapters cover the following topics: historical development of both institutes, conditions of and grounds for admissibility,...
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