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Remedies in civil procedure under Czech and Slovak legal order - comparative view
Majchrák, Tadeáš ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Remedies in civil procedure under Czech and Slovak legal order - comparative view Abstract The aim of the rigorous thesis is to analyze and then compare the individual remedies of the finding procedure as the basic type of civil (judicial) process in the legal regulations of two separate states, the Czech Republic and the Slovak Republic, with particular emphasis on the differences of both orders and their same or similar features stemming from a shared legal, historical, cultural and social past, as well as from mutual inspiration and shared value attitudes. In the first part, dealing with general theoretical background and concepts, emphasis is placed on describing the civil process in both countries, especially in terms of its division into founding and executing procedures. The stage of the finding procedure is the remedy whereby the appeals court examines the correctness of the contested decision. Finding procedures can be differentiated into dispute and non-dispute proceedings. In regards to the parties involved in civil proceedings, they are the participants in civil law relations or the parties to the proceedings, in particular litigation and court. Apart from them, other persons, such as a prosecutor (public prosecutor), a lawyer, a notary or in the Czech Republic, the Office for Government...
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Other judicial persons and their involvement in the activities of the court in civil proceedings
Prášilová, Kateřina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
OTHER JUDICIAL PERSONS AND THEIR INVOLVEMENT IN THE ACTIVITIES OF THE COURT IN CIVIL PROCEEDINGS ABSTRACT According to the § 3 Act No. 6/2002 sb. about the courts, judges, lay judges, the state administration of judges and about the changes of other acts in addition of judges, trainee judges, judge assistants, senior officers of justice, court secretaries and judicial executors are also involved in the decision-making and other court activities. The legislation about these other judicial persons is however inconsistent and could be found in several acts. The aim of this diploma thesis is to describe this fragmented legislation and to define the involvement of the other persons in the civil process. This diploma thesis is divided into three parts. The first part deals with the persons the law considered as the possible judge candidates. This includes a senior officer of justice, a judge assistant and a trainee judge. The second part deals with a court secretary and a judicial executor that are not considered as the possible judge candidates. The interpretation of each judicial person has the identical division which sequentially deals with the legislation regarding individual judicial persons, their legal status, responsibility, presumption of performance, activity in a civil process and their individual...
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Usury
Sedlmajerová, Tereza ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This thesis focuses on the analysis of usury as a negative social phenomenon from the perspective of Czech law in the Czech courts. It is mainly focused on examining this issue in a broader context. There is a comparison of usury contained in the new Civil Code modifications as the Criminal Code. Lastly, the thesis aims to determine whether the current legislation of usury is sufficient, or not, and then propose any possible amendments.
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Delivery in civil proceedings
Schneiderová, Martina ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The aim of my thesis is to analyse the institution of delivery in civil proceedings, the paper is especially focused on practical problems and also electronic delivery, first and foremost data-boxes. The study also contains the part describing delivery of documents to foreign countries and to member states of the European Union. The first part of the thesis deals with theoretical definition of the key legal concepts and the delivery into data-boxes is examined there. In the second part there is also described in detail the delivery of documents to foreign countries (and from foreign countries to the Czech Republic, too). Finally, I attempt to draw a short comparison between regulations of delivery in civil proceedings in the Czech Republic and in Slovakia. Delivery comprises one of the key legal institutes of civil proceedings. The principal source of law for delivery in civil proceedings in the Czech Republic is constituted by Law No. 99/1963 Coll., the Civil Procedure Code, as amended by Law No. 139/2015 Coll. Moreover it has undergone many changes recently. The thesis is composed of three main chapters which are divided into next subchapters, each of them dealing with different aspects of delivery. Chapter One is introductory, it explains the term delivery within the framework of civil...
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