|
|
Dispositional acts of the parties to the civil proceedings
Strakošová, Simona ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Dispositional acts of the parties to the civil proceedings Abstract The diploma thesis deals with the issue of dispositional acts of the parties to the civil proceedings. The thesis therefore focuses on individual dispositional acts in contentious and non- contentious proceedings and on the displays of declaratory principle that affect the civil proceeding through these acts. The aim of the thesis was to analyze the current Czech legal regulation of dispositional acts using not only valid legal regulations, but also professional literature, professional articles and case law. With regard to the current case law this thesis also concentrates on selected issues related to the application of dispositional acts in procedural practice, it outlines some potential problems of interpretation and takes a stand on them. The first chapter of this thesis deals with the declaratory principle, primarily with its essence and influence of contentious proceedings. It describes two main aspects of disposition in proceedings and explains the inclusion of this principle in the typology of principles specific to individual branches of the civil proceedings. The second chapter contains an explanation focused on the issue of participation in civil proceedings and clarifies who can be considered a participant eligible to perform...
|
|
|
Amendment of Statement of Claim
Urban, Daniel ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Amendment of Statement of Claim Abstract The topic of this thesis is the amendment of the statement of claim, which is one of acts the plaintiff may do at civil judicial proceedings to modify the merits being tried in court. Based on the theoretical, doctrinal and practical knowledge, including case law, the amendment of the statement of claim is looked into in relation to civil contentious proceedings. The amendment of the statement of claim is one of the fundamental legal institutes of the civil procedure and is inherently connected with the principle of delimitation of the subject-matter of a case, the principle to try, and also with the actual merits of the case. It gives the plaintiff a chance to alter the merits in the course of the trial and to modify what is sought by the plaintiff in court. In this important era of upcoming recodification of the Czech civil procedure, this thesis addresses the essential issue of whether the present legal regulation of the amendment of statement of claim, in legislation called "amendment of the petition", is satisfactory or whether the amendment of the statement of the claim is the legal institute awaiting the recodification with a hope for its better legal regulation in the future. This issue is analysed in the thesis especially as for the admissibility of the...
|
guest ::
