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The Effectiveness of Judicial Protection and Remedies at Civil Procedure
Weiserová, Michaela ; Hálková, Alena (referee) ; Musilová, Helena (advisor)
The theoretical part of the bachelor’s thesis describes the procedure before appellate courts at civil justice. The practical part then addresses the effectiveness of judicial protection in the Czech Republic. Special attention is paid to highlighting the problematic spots and reasons for potential delays in the proceedings, which in turn results in the decline of effectiveness of the entire judicial procedure. The concluding part then contrasts the practical insights with an ideal model and on that basis articulates several recommendations as to how to improve the effectiveness of the Czech civil procedure.
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Class actions
Stiborová, Kateřina ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Class actions Abstract This thesis deals with the regulation of collective proceedings in the Czech Republic, first focusing on the current forms of collective proceedings and then moving on to the draft of the Act on Collective Civil Judicial Proceedings. The aim of the thesis is to contribute to the professional debate on the emerging form of collective proceedings with a mostly practical view of setting specific parameters of the law, to point out some shortcomings of the current proposed bill and to offer its own solutions. From the methodological point of view, the analytical, normative, comparative and synthetic approaches were used. However, a descriptive approach is also evident in the beginnig of the thesis. The analysis was mainly used in the examination of the current draft of the Act on Collective Civil Judicial Proceedings and the Polish legislation. The normative approach is most evident in the critical commentary on the current proposed bill. The thesis offers a comparative examination when comparing the proposed Czech and Polish legislation. The synthesis of the recorded findings is then most influenced by the section dealing with considerations on the future appropriate form of class actions. From the content point of view, the thesis first offers a theoretical excursus in which it deals...
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The use of artificial intelligence in civil procedure
Hart, Vojtěch Lev ; Kučera, Zdeněk (advisor) ; Sedláček, Miroslav (referee)
The use of artificial intelligence in civil procedure Abstract: The subject of this master's thesis is artificial intelligence and civil procedure. The main goal of this thesis is to analyze the possible uses of artificial intelligence in civil procedure, with emphasis on the decision-making process of a judge. The primary focus of the first part of this thesis is to define artificial intelligence and explore its legal understanding from an international, European, and Czech perspective. Furthermore, the fundamental possible forms through which artificial intelligence can be applied into the civil procedure are examined. Comprehensive analysis of ethical and legal challenges associated with the use of artificial intelligence in civil procedure and judiciary is then carried out. In this regard the thesis first examines the five basic ethical principles outlined by the European Commission for the Efficiency of Justice. Emphasis is placed particularly on the issues concerning the non- transparency of artificial intelligence, specifically addressing concerns related to the black box problems, as well as data bias. The thesis then examines through analysis the impact of these issues on the right to a fair trial. Specifically, the impartiality and independence of judges, adversarial principle, equality of arms,...
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Comparison of Czech and German legal regulation of appellate review
Vaculínová, Julie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and German legal regulation of appellate review Abstract The purpose of the master's thesis is to describe and subsequently compare the appellate review in the civil procedure in the Czech and German legal regulations, namely in the light of the upcoming recodification of civil procedure in the Czech Republic. The appellate review is a remedial measure which aims to review the challenged decision of the appellate court from the legal point of view. The role of the appellate review is to unify case law and to ensure justice in individual cases. While in the Czech Republic the appellate review is conceived as an extraordinary remedial measure, in Germany it is a regular legal remedy. This difference determines most of the elements of the appellate review. The thesis is composed of an introduction, seven chapters and a conclusion, including the author's de lege ferenda suggestions. The chapters first introduce the topic, continue with a description of a particular element of the appellate review in the Czech and German legislation, and conclude with a comparison and evaluation of the author. The subchapters addressing the Czech legal regulation also contains de lege ferenda suggestions, particularly with respect to the substantive intent of the Code of Civil Procedure. Chapter One first...
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Procedural Obligations and Procedural Burdens
Žůrková, Tereza ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural Obligations and Procedural Burdens Abstract The thesis focuses on the issue of procedural obligations and procedural burdens that regulate the procedures of the court and the parties in court proceedings. Thorough knowledge of these institutes is essential for the lawful conduct of court proceedings. The beginning of the thesis focuses on the theoretical aspect of procedural obligations and burdens. In the first part, I introduce procedural obligations, distinguishing between those of the court and the parties, followed by procedural burdens, their distinction from procedural obligations of the parties in the true sense of the word as well as their subdivision. Furthermore, the dualist conception is introduced, as well as opposing conceptions that recognize only the existence of procedural burdens or procedural obligations of the parties. While the first part of this thesis is purely theoretical, the second part concerns the application of procedural obligations and burdens in civil proceedings according to the current legislation on the adversarial disputable procedure completed by case law and legal theory. Firstly, the focus is on the procedural obligations of the court, then on the procedural obligations of the parties, and finally on the procedural burdens. Each of the sections also examines...
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Class proceedings in Czech legislation
Vodička, Jakub ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Class proceedings in Czech legislation Abstract The thesis deals with the class proceedings in the Czech legislation. Its aim is to contribute to the expert debate about the emerging class proceedings legislation within the Czech civil procedural law. For this reason, the thesis analyses the topic of the class proceedings, which the Czech expert public has treated mostly theoretically so far. The thesis focuses on the published bill on the class proceedings that was considered by the Czech Chamber of Deputies until 2021. Apart from a critical analysis of the legislative text, the thesis compares it with other relevant regulations and foreign approaches. The comparison provided is two-fold: firstly with the new European Directive on Representative Actions, secondly with the Austrian legal approach to class action. From a methodological viewpoint, the thesis mostly uses the analytical, comparative and synthetic methods. Within the analysis of different legislations, the author uses a positivist approach, while during the analysis of the suggested legislation the methodological approach is normative. In the introduction, the thesis examines the class action institute from a theoretical viewpoint. Subsequently, the current Czech class action legislation included in the Code of Civil Procedure is analysed along...
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Selected Issues of Abuse of Law in Civil Procedure
Pšenička, Jan ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
in English The thesis deals with the phenomenon of abuse of procedural rights in civil proceedings, which is very often observed in practice. There is a growing interest in the topic of abuse of rights in the Czech environment, especially in the examination of abuse of rights in substantive private law, but also in other sectors. The phenomenon is, of course, increasingly noticed by case law. The aim of this thesis is to assess to what extent the theoretical conclusions on abuse of law are applicable in civil proceedings and also what is the impact of abuse of law in other branches of law, especially in private substantive law and public law. In view of the absence of a comprehensive work focusing on the abuse of procedural law in the Czech literature, the theoretical part of the thesis also deals with German-language works on this topic. In addition to a general insight into this issue and the definition of what can be considered as abuse of rights, or where the boundary between the application and abuse of rights lies, attention is paid in particular to selected institutes and rights in civil proceedings that may be subject to abuse. However, it is not possible to determine a complete list of them; therefore, the thesis is devoted to the assessment of the abuse of selected institutes, which are...
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Declaratory action as a type of action
Řeháková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Declaratory action as a type of action Abstract An action is one of the most important institutes of civil procedure law. It is generally understood as a procedural act of a plaintiff, but it is also understood as an instrument for the protection of the plaintiff 's threatened or infringed right. It is largely governed by the principle of disposition while the action itself is in fact a complex act of disposition of the plaintiff. Every action has three basic mandatory components which are essential to the question of the identity of different actions. Action also must include prescribed general and special requirements. In practice, we distinguish between several types of actions, the most important division being the division according to the content of the claim. This is how we distinguish between actions for specific performance, declaratory actions, constitutive actions and personal status actions. The object of declaratory action is to declare right or legal relationship. In certain cases, object can also be a legal fact. Right can also be declared in relation to some point in the past. Declaratory action has primary preventive function, but this function is not always dominant. Declaratory action can be positive or negative, the purpose of it is to issue declaratory decision, never constitutive one....
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Evidence proceeding focused on expert opinion
Kudrna, Vojtěch ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
THESIS TITLE, ABSTRACT AND KEYWORDS Evidence proceeding focused on expert opinion This diploma thesis is dedicated to the problematics of performance of expert activity in relation to judicial evidence proceeding. The main goal of this thesis is to provide a comprehensive explanation about expert opinion whereas it is based on effective legal regulation of expert activity, on higher courts judicial practice and finally on professional literature. Understanding of this issue may play a significant role in both expert opinion elaboration and its subsequent production and evaluating before courts. The diploma thesis is notionally divided into two parts. The first part is the theoretical part, and it includes the first to third chapters of the thesis. In the first chapter the thesis delas with a general description of evidence proceeding in civil procedure. There are explained the basics concepts of this process without which would not be possible to continue in next explanation. There are also described other typical means of proof together with their specific characteristics in order that the reader of the thesis can distinguish the differences between them and expert opinion. In the second chapter of this thesis is discussed expert activity as such. Particularly important subchapter of this chapter is...
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The notary and civil procedure
Štibingerová, Radka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title: The notary and civil procedure The aim of the thesis is to map the activity of notaries in the legal order of the Czech Republic, which is considered to be very specific by public. The thesis focuses on the relationship of the notary and the civil procedure. It deals with the role of the notary in the civil procedure. The thesis is divided into six chapters. The first one describes the history of a notary public and the assumptions for notarial activity and for its commencement are also clarified. Part of this chapter deals with the basic features of the notarial profession, such as the impartiality and independence of notaries, the principles of which notary public is controlled, and notarial career. The second chapter of the thesis focuses on the relation between a notary and civil procedure, which can be defined as process of the court and the participants in order to provide the protection of subjective rights and obligations. One of the areas, where the role of the notary is reflected is legal assistance. The third chapter concerns with the provision of the legal assistance by the notary. The notary may act as a representative of the party and then has the status of a lawyer. The term legal assistance refers to representation in the proceedings before courts and other authorities,...
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