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Interim Measures in Contentious Proceeding
Pelcová, Zuzana ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Interim Measures in Contentious Proceeding Abstract This thesis deals with the interim measures in the civil contentious proceeding, aimed to provide temporary protection of a compromised or violated right as soon as possible in compliance with the requirements of the right to judicial protection and fair trial. The first chapter of this thesis is dedicated to defining the term, purpose and types of interim measures in the civil procedure. The second chapter summarizes the historical development within the Czech Republic from 18th century up to the present. The third chapter is devoted to interim measures proceeding as a foundation of this thesis, where the various stages of the interim measures proceeding are analysed in depth. Firstly, attention is focused on the fulfilment of the proceedings' conditions, interim measures requirements, examining the proposal for proceedings' initiation and specific course of such proceeding. Afterwards, the delivering of the decision, the remedies against it and damages are examined. The fourth chapter deals with the questionable aspects of the interim measures proceeding resulting from the detailed analysis with respect to the requirement of the fair trial. Subsequently, the Czech legislation is compared to the German and Slovak legislation. The last chapter of this...
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Preliminary ruling
Svobodová, Kristýna ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
1 Resumé Preliminary Ruling In some situations, it is not possible to wait for the court judgement in the case itself. Then there is the need for providing the legal protection of these rights before the meritorious judgement, for otherwise there would be a risk that the judgement in the case itself would have no real consequence or it would be impossible to execute. For this reason the institute of precautionary measures was established. This institute is an extraordinary instrument of temporary law protection, which should be naturally followed by the proceeding in the case itself. However, a proceeding in case of precautionary measures is basically an independent proceeding, and its result does not prejudge the court judgement in the case itself. In order to fulfil the objective of a precautionary measure, its proceeding must follow certain specifications. These variations are the subject of this thesis, which tries to present various perspectives on these proceedings specifications. Those are mainly jurisdiction without hearing of the parties, different regulations in delivery, judgement reasoning, simple verification of some facts, and establishment of caution. This regulation of proceedings was many times the subject of analysis of compliance with the constitutional order, especially with the right to...
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