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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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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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Types of actions in The Civil Process
Karafová, Iveta ; Winterová, Alena (advisor) ; Macková, Alena (referee)
1 Summary The purpose of my thesis is not only to summarize the list of actions which we can find in The Czech civil process, but describe them and make focus on some of the main problems in applications and interpretation of actions. The thesis is composed of fifteen chapters, each of them dealing with different aspects of actions. I have looked into the issues by method of research in literature and judicature and analyzes of main problems in comparing with judicature. First chapter is simply introductory to the area. Second chapter introduce actions generally and define basic terminology used in the thesis. In the first part of second chapter we can find short entrance to the history of actions. The term of action in the civil remedial law represents a universal procedural means of the protection of rights which is not directly linked with material law directed at its protection. All the more this frequently applied institute is important since it provides prevention although indirectly for the rights which are threatened by legal insecurity and so it serves to fulfill the fundamental principles of a democratic state guaranteed by the Constitution and the Bill of Rights, particularly the principle of peace (legal security) and the right of just suit: "Everybody can sue for his/her right using a defined...
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Mass actions in Czech civil procedure
Novotný, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...
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Class Actions
Karim, Martin ; Dvořák, Bohumil (referee)
Class Actions Abstract This thesis deals with class actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American class action lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...
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Class actions
Vlasáková, Tereza ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class actions In the thesis on the topic of "Class actions", the author first deals with general issues of class actions, their division or individual systems of collective proceedings. In the second chapter, the author focuses on European legislation, specifically the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law and Proposal for a directive of the European parliament and of the council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC of 11 April 2018. Institutes, which in the current Czech legislation to some extent show signs of collective proceedings, are included and described in detail in the third chapter. The last chapter is a key chapter of the thesis, in which the author deals with the proposed Czech legislation on collective proceedings and compares it with the already adopted German legislation "Musterfeststellungsklage". In the individual subchapters, the proposed Czech legislation is not only compared with the already adopted German legislation, but within the Czech legislation itself, amendments are pointed out that have been implemented within the current...
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Class Actions
Poche, Kristýna ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class Actions in the Czech Legal Order Abstract A class action makes it possible to deal with similar claims of members of a certain group in a single proceeding, instead of forcing each injured party to assert his or her own claim in a separate proceeding. It is thus an important tool for collective protection of rights. The draft law on collective proceedings, which is currently being debated by the Chamber of Deputies, is the result of many years of discussions on the need to adopt a comprehensive regulation of collective protection of rights - typical especially for common law countries - in the Czech Republic. The original draft law on class actions, published in March 2019, was highly controversial and provoked a wave of sharp criticism, which eventually led to its comprehensive revision, including a change of name. This piece of work aims to compare the key elements of the currently discussed version of the draft law on collective proceedings with the alternatives chosen by legislators in other countries, and especially with the original draft law on class actions. The purpose of the work is to find out whether the Czech legislator managed to remove the most criticized aspects of the original draft law and eliminated the greatest risks arising from the new legislation. The main benefit of this piece...
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Class Actions
Karim, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Class Actions Abstract This thesis deals with class actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American class action lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...
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Mass actions in Czech civil procedure
Novotný, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...
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Types of actions in The Civil Process
Karafová, Iveta ; Winterová, Alena (advisor) ; Macková, Alena (referee)
1 Summary The purpose of my thesis is not only to summarize the list of actions which we can find in The Czech civil process, but describe them and make focus on some of the main problems in applications and interpretation of actions. The thesis is composed of fifteen chapters, each of them dealing with different aspects of actions. I have looked into the issues by method of research in literature and judicature and analyzes of main problems in comparing with judicature. First chapter is simply introductory to the area. Second chapter introduce actions generally and define basic terminology used in the thesis. In the first part of second chapter we can find short entrance to the history of actions. The term of action in the civil remedial law represents a universal procedural means of the protection of rights which is not directly linked with material law directed at its protection. All the more this frequently applied institute is important since it provides prevention although indirectly for the rights which are threatened by legal insecurity and so it serves to fulfill the fundamental principles of a democratic state guaranteed by the Constitution and the Bill of Rights, particularly the principle of peace (legal security) and the right of just suit: "Everybody can sue for his/her right using a defined...
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