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Disposition of civil action
Mauerová, Eliška ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Disposition of civil action This thesis deals with the procedural acts that a plaintiff may use to dispose of their civil action. The plaintiff may exercise dispositive powers by defining the factual basis or the cause of action. These instruments include the withdrawal of the action and the amendment of the action. Furthermore, the plaintiff may dispose of their action through a change in the parties to the proceedings. Such includes the intervention ofa party to the proceedings, substitution of parties, and procedural succession by singular succession. The plaintiff is considered the master of the proceedings. Under certain conditions, however, the legislation provides the defendant with a right of disposal. Such allows the defendant to assert their claim against the plaintiff through a counterclaim. The first part of the thesis deals with the general concept of the action and defines its mandatory elements and its different types. At the same time, the first part focuses on the dispositive principle, indivisibly linked to the topic of this thesis. The second part of the thesis deals with the individual dispositive acts by which the plaintiff and, under certain conditions, the defendant may dispose of the subject matter of the proceedings. These dispositive acts include withdrawal of the action,...
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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...
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The principle of party disposition and its restriction in civil proceedings
Zdražilová, Daniela ; Sedláček, Miroslav (referee)
The principle of party disposition and its restriction in civil proceedings Abstract in English The submitted diploma thesis deals with the principle of party disposition in civil proceedings which is a guiding principle of civil proceedings, however, it is heavily restricted in the Code of Civil Procedure. The main aim of this thesis is to emphasise the importance of the principle of party disposition in civil proceedings, identify the number of institutes which are restricted, deal with reasons of this restriction of the principle of party disposition, and propose possible changes, which would preserve the principle of party disposition completely. The first part of the thesis presents a theoretical definition of the principle of party disposition. It is also necessary to discuss other legal principles which are connected to the principle of party disposition because it never appears alone, as it is always accompanied by another general principle. This part of the thesis also focuses on the history of the principle of party disposition in civil proceedings. The crucial period for discussed principle was the first half of the 20th century because the disposition principle was not restricted at all. On the other hand, the second half of the 20th century represents a period of strict restrictions of the...
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The principle of party disposition and its restriction in civil proceedings
Zdražilová, Daniela ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The principle of party disposition and its restriction in civil proceedings Abstract in English The submitted diploma thesis deals with the principle of party disposition in civil proceedings which is a guiding principle of civil proceedings, however, it is heavily restricted in the Code of Civil Procedure. The main aim of this thesis is to emphasise the importance of the principle of party disposition in civil proceedings, identify the number of institutes which are restricted, deal with reasons of this restriction of the principle of party disposition, and propose possible changes, which would preserve the principle of party disposition completely. The first part of the thesis presents a theoretical definition of the principle of party disposition. It is also necessary to discuss other legal principles which are connected to the principle of party disposition because it never appears alone, as it is always accompanied by another general principle. This part of the thesis also focuses on the history of the principle of party disposition in civil proceedings. The crucial period for discussed principle was the first half of the 20th century because the disposition principle was not restricted at all. On the other hand, the second half of the 20th century represents a period of strict restrictions of the...
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Dispositive principle in contentious and non-contentious proceedings
Hošek, Martin ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Dispositive principle in contentious and non-contentious proceedings Abstract This rigorous thesis is focused on the dispositive principle and its aplication in contentious and non-contentious proceedings. The dispositive principle is one of the main principles which constitute civil proceedings, contentious proceedings in particular. The aim of the dispositive principle is to establish who decides whether a proceeding is to be initiated, what is the subject of the proceeding and who has an influence on its course. The first chapter is related to civil procedure in general and its historic development since the ancient Rome until today. The other part of the chapter contains general definition of all types of civil procedure. The second chapter deals with civil trial proceedings. The first part is focused on contentious proceedings which are formed by the dispositive principle. On the contrary, non- contentious proceedings, which are the subject of the next part of the chapter, are formed by the principle of officiality. Nevertheless, the dispositive principle also applies in non- contentious proceedings. The author focuses on the main principles which form both proceedings. The author also describes how they proceed. The third chapter is dedicated to the dispositive principle in general. The author also...
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Parties to contentious proceedings
Trojan, Luděk ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
1 Resumé This thesis deals with the topic of "Parties to contentious proceedings". The parties involved in the dispute represent the cornerstone of any civil proceedings. Without the parties, there would be no civil procedure at all. The parties, the courts and other subjects make up the basic elements of the civil proceedings. Which is also the reason why the definition of the parties have the significant impact on the entire civil procedure. The civil procedure can be defined as a body of law that sets out the procedure rules for courts, disputing parties and other subjects, while defence to breached or threatened subjective rights and lawful interests is provided. The thesis offers a scope into the historical consequences of the concept of parties to present form along with the development of civil procedure with its changes. Besides that there is description of subjects who are involved in the civil procedure. For better differentiating a proceedings of proceedings there are listed other types of civil proceedings. Especially the contentious and non-contentious proceedings. The introductory chapters for the parties address the issue of who can become a party to the proceedings and what the conditions are. The conditions include, in particular, the capacity to possess rights and duties and the capacity...
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