National Repository of Grey Literature 3 records found  Search took 0.01 seconds. 
The obligation to instruct of the civil court
Tříska, Jiří ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The obligation to instruct of the civil court Abstract This thesis deals with the topic of court's obligation to instruct from both theoretical and practical points of view. The theoretical part examines constitutional grounds of the obligation, as well as related civil law institutes. In the following chapters of the thesis, the author deals with the analysis of applicable legislation, it's contextualisation within relevant civil law history and its regulation within the Code of Civil Procedure. Author focuses mainly on contentious civil proceedings (adversary litigation), which represents the most complex and detailed legislation. The author makes use of specialised literature, university textbooks, legal commentaries, and specialised journals. To a considerable extent, the author deals also with the jurisprudence (case-law), especially that of the Supreme Court and the Constitutional Court. Less extensive part of the text is dedicated to the obligation to instruct during appeal procedure, non-contentious proceedings, and enforcement proceedings. The thesis also includes comparison with foreign legislation both continuously within the text, and in the final chapter of the thesis. Finally, the author also deals with considerations de lege ferenda. Key words: the obligation to instruct, civil court, the...
The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...

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