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The preliminary ruling
Chudoba, Stanislav ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The preliminary ruling The subjects of thesis research are preliminary rulings considering the Czech civil proceedings and preliminary rulings submitted to the Court of Justice of the European Union. The thesis is designed to analyze legal changes made to the preliminary rulings with emphasis on the case-law. The introductory historical part of this thesis describes the then Roman law institute called praeiudicium, in which the beginnings of the development of the current form of the preliminary rulings can be observed. Later on, the attention of the thesis is shifted towards preliminary rulings in the legal order of the Czech Republic. After the opening determination of the term, the following chapters begin to focus on the nuances of the terminology of this procedural institute, position of the preliminary ruling in the judgment or explaining the differences between material and procedural preliminary rulings. The main chapter is centered around the boundness of the court by existing decisions regarding the specific question. This part is followed up by the explanatory breakdown of the law in force. The next chapters of the thesis discuss the assessment of the preliminary rulings that have not been ruled yet. The chapters also examine facultative and obligatory suspension of the proceeding...
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Protection of personal rights in civil procedure
Bukovjanová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resume: This thesis deals with the general personality right of individuals and its civil law protection, proceedings in the first instance. Universal personal law as the law related to any natural person, is one of the fundamental human rights. As such, the imprescriptible right, not subject to the statute of limitations, irrevocable and inalienable. Protection of personal rights of individuals is therefore included nor in the Civil Code, as a basic private personal protection legislation, either in the constitutional order of the Czech Republic, especially in the Charter of Fundamental Rights and Freedoms, just as at regional and international protection of fundamental human rights and freedoms. Civil Code, calculated individual rights (permissions), resulting from the protection of individual personality, only indicative, so that into the right to protection of personal rights of individuals includes the right to life and health, the right to civic honor and human dignity, right to privacy, the right to name and the rights to the statements of a personal nature. The protection of personality is largely shaping with the decision-making practice of courts and other personality rights arise from their conclusions. The range of civil remedies is quite broad. In my work I focuse on the protection of...
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The role of lawyer in a civil trial
Sedláček, Miroslav ; Macková, Alena (advisor)
This thesis looks at the role of the lawyer in a civil trial. This should always be conceived as the lawyer as a legal expert contributes to the carrying out of justice and also the basic objective of the civil trial being realised, i.e. securing effective protection of the rights and legally protected interests of individual persons. The thesis gives basic premises which in particular involve definitions of civil trial terms and the status of the lawyer, including the historical context of the development of the lawyer role within Czech territory. The main part of the thesis then looks at individual methods for representing parties in civil trial proceedings and the role of the lawyer is his different tasks. A comparison is further made with representation in proceedings before the European Union's Court of Justice. In the lawyer's professional activities, the observance of certain ethical principles which should be referred to in their work, as well as the basic premise of lawyer responsibility, also plays a role. The thesis' conclusion considers the opportunities of de lege ferenda in the lawyer's trial with the goal of noting the benefits in particular, but also the drawbacks of this solution. KEYWORDS Lawyer, civil trial, lawyer's trial
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The Role of Lawyer in a Civil Trial
Sedláček, Miroslav ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Vychopeň, Martin (referee)
This thesis looks at the role of the lawyer in a civil trial. This should always be conceived as the lawyer as a legal expert contributes to the carrying out of justice and also the basic objective of the civil trial being realised, i.e. securing effective protection of the rights and legally protected interests of individual persons. The thesis gives basic premises which in particular involve definitions of civil trial terms and the status of the lawyer, including the historical context of the development of the lawyer role within Czech territory. The main part of the thesis then looks at individual methods for representing parties in civil trial proceedings and the role of the lawyer is his different tasks. A comparison is further made with representation in proceedings before the European Union's Court of Justice. In the lawyer's professional activities, the observance of certain ethical principles which should be referred to in their work, as well as the basic premise of lawyer responsibility, also plays a role. The thesis' conclusion considers the opportunities of de lege ferenda in the lawyer's trial with the goal of noting the benefits in particular, but also the drawbacks of this solution. KEYWORDS Lawyer, civil trial, lawyer's trial
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Protection of personal rights in civil procedure
Bukovjanová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resume: This thesis deals with the general personality right of individuals and its civil law protection, proceedings in the first instance. Universal personal law as the law related to any natural person, is one of the fundamental human rights. As such, the imprescriptible right, not subject to the statute of limitations, irrevocable and inalienable. Protection of personal rights of individuals is therefore included nor in the Civil Code, as a basic private personal protection legislation, either in the constitutional order of the Czech Republic, especially in the Charter of Fundamental Rights and Freedoms, just as at regional and international protection of fundamental human rights and freedoms. Civil Code, calculated individual rights (permissions), resulting from the protection of individual personality, only indicative, so that into the right to protection of personal rights of individuals includes the right to life and health, the right to civic honor and human dignity, right to privacy, the right to name and the rights to the statements of a personal nature. The protection of personality is largely shaping with the decision-making practice of courts and other personality rights arise from their conclusions. The range of civil remedies is quite broad. In my work I focuse on the protection of...
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