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Concentration of proceedings
Buchtová, Andrea ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Concentration of proceedings Abstract The concentration of proceedings is a key instrument of the modern civil procedure. The purpose of the concentration of proceedings is to expedite civil litigation by establishing a factual and evidentiary 'stopstate', i. e. the latest moment by which factual submissions and motions to take evidence may be made. In this way, the concentration of proceedings is intended to effectively prevent the parties from bringing new statements and new evidence into the proceedings after the effects of the concentration of proceedings have taken effect, thereby contributing to a more expeditious conduct of the proceedings. The aim of this diploma thesis is to analyse and evaluate valid and effective legal regulation of the concentration of proceedings in the legal system of the Czech Republic and to reflect on its possible changes, including an attempt to outline certain controversial issues of the concentration of proceedings and to present the possibility of their solution. In order to achieve this goal, the text of the thesis is divided into five chapters. The first chapter is devoted to a general definition of the concept and purpose of the principle of the concentration of proceedings. The second chapter introduces the principles of the modern civil procedure, which are related...
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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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Preparation of a hearing in the civil procedure
Jirsa, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Preparation of a hearing in the civil procedure The topic of this thesis is preparation of a hearing in civil procedure. It represents a phase of civil procedure which starts the moment the action it brought to the court and ends with the hearing itself. The hearing should be regarded as the culmination of the whole procedure, which is why the right approach to the preparation of a hearing is not any less important than the hearing itself. The aim of this thesis is to give a comprehensive overview of this issue by reviewing the past, analysing the present legislation and providing de lege ferenda reflection. The thesis is divided into three parts. The first one is a historical overview, in which the author describes the legal development of the preparation of a hearing since 19th century until present. Legal principles, that has formed during this legal evolution and that are affecting today's legislation, are described in the beginning of the second part of the thesis. Principle of concentration and of single hearing being the two most emphasized principles. The majority of the second part deals with the current legislation, which is primarily contained in the art. 114 to 114c of the Czech Civil Procedure Code. The thesis describes the specific steps that the court has to undertake after the...
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Judgment by acknowledgment on the basis of fiction
Krechlerová, Karolína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Judgment by acknowledgment on the basis of fiction Abstract This diploma thesis deals with the judgment by acknowledgment. It is an institute of civil procedural law. The judgment by acknowledgment can be issued on the basis of the express content of the defendant or applicatioan of the legal fiction of the acknowledgment. This paper deals with both types of judgment of acknowledgment but the main part is devoted to the fiction of acknowledgment. The thesis is divided into six chapters. Chapter One describes the history of the judgment by acknowledgment on Czech territory. Chapter Two deals with the issuance of a qualified call for expression and the requirements that are put on the expression of the defendant. Chapter Three analyzes legal conditions for issuing a judgment of acknowledgment based on both the express content of the defendant and the fiction of acknowledgement. In this chapter are also described the remedies that can be applied against it. Chapter Four is dedicated to the judgment of the Constitutional Court, which ruled on the constitutionality of the qualified call and the judgment of acknowledgment based on fiction. The majority of judges were in favor of preserving the contested provisions. In the justification and also in the statements of dissenting judges were confronted the...
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Hearing Preparationin Contentious Procedure
Kolodrubcová, Anna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Hearing Preparation in Contentious Procedure Abstract Hearing preparation is a key phase of civil proceedings, in which the judge, with the assistance of the parties, shall prepare the hearing effectively and consistently and subsequently takes a decision pursuant to Section 114a(1) of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, at a single hearing. The aim of this diploma thesis is to carry out a comprehensive analysis of valid and effective legal regulations concerning the preparation of a hearing in contentious procedure in the Czech Republic. To fulfill this goal, this thesis is divided into six chapters. The first chapter defines the concept of hearing preparation and formulates its objectives. For the sake of clarity, hearing preparation is divided into two levels, namely the hearing preparation in terms of its form and the hearing preparation in terms of its material, the so-called proper hearing preparation. These two levels are also described in the first chapter. The second chapter briefly outlines the development of the Czech legislation on hearing preparation, paying particular attention to two important amendments to the Code of Civil Procedure, which have a common objective to strengthen the stage of hearing preparation. The third chapter introduces the individual basic...
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Preparation of Dispute Proceedings
Maux, Tomáš ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The topic of this thesis is the Preparation of Dispute Proceedings. I am convinced, that particularly this part of proceedings is truly important, because everything else depends on it. If the proceedings is not perfectly prepared, subsequent proceedings is endangered with a risk of delay. Although, the preparation of the proceedings is fully in the hands of the judge, it must be taken seriously by all parties involved. After all, the proceedings may end at this stage, based on passivity of the parties, e.g. by judgment of acknowledgment. The ultimate instrument in preparation of proceedings is qualified summon, which I have paid the most attention to in terms of number of pages. However, all instruments entrusted to judge are mentioned in this thesis and evaluated in terms of their effectiveness. The thesis is divided into four chapters, introduction and conclusion not included. The first chapter focus on the key words definition and defining starting points of the work. Each of the following chapter is then devoted to one stage of the preparation of proceedings.
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Preparation of a hearing in the civil procedure
Pelcová, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Preparation of a hearing in the civil procedure Abstract This thesis deals with the preparation of a hearing in the civil procedure defined by its objective - to hear a case in the fastest possible manner hand in hand with provision of a brief and fair decision, in principle, in one hearing. The first chapter of this thesis is dedicated to defining the purpose of the preparation of a hearing in the civil procedure and outlines the possible differences in contentious and non- contentious proceedings. The second chapter summarizes the historical development within our territory from its very beginnings in the Middle Ages to the current legislation. Subsequently, the third chapter delves into the fundamental principles on which the civil procedure is built upon, as well as the preparation of the hearing. The foundation of this thesis is the fourth chapter, which analyses the various process and instruments of the preparation of the hearing in detail. Firstly, attention is focused on examining the proposal for proceedings' initiation, the fulfilment of the proceedings' conditions and the fee obligation. Afterwards, individual instruments are analysed in depth, for instance the call to correct a submission, the simple call for a response, the qualified call for a response, the preliminary hearing in contentious...
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Preparation of a hearing in the civil trial
Kindlová, Nikola ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Subject of this thesis is "Preparation of a hearing in the civil procedure". The term preparation of a hearing describes a set of procedures, which the presiding judge makes for better clarification of the judicial file and easier orientation in the specific case. Proper use of these proceedings should help to resolve the case during just a single hearing or in a short term. It leads to reducing the unnecessary costs and keeping the economical principle. The aim of this thesis is to evaluate if the proceedings really help to quicker resolution of the case. Systematically this thesis is divided into a theoretical and practical part. The thesis contains six chapters in overall, four of them belong to the theoretical part and two of them are focused practically. All of the chapters include subchapters, which are divided in sections. Theoretical part of the thesis focuses on valid Czech legislation relating to preparation of a hearing. In the practical part there is a comparison of Czech and foreign legislation and application of these legislations into practice. The aim of the first chapter is to outline the principle of the preparation of a hearing and its importance in civil procedure. The second chapter focuses on the principles of civil procedure which are related to the preparation of a hearing...
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Concentration of Proceedings
Hostovská, Helena ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
The main objective of this rigorous thesis is to provide a comprehensive overview of applying the principle of concentration of proceedings in civil adversary proceedings. At the beginning of the work, the relationship is discussed between the principle of concentration of proceedings and the right to a fair trial or, more precisely, its basic attribute, the right of every person to have their case heard, within a reasonable period of time and by an independent and impartial court, as well as development of the principle of concentration of proceedings and its application in legal regulations valid in the territory of the Czech Republic in the past. The focal point of the rigorous thesis is focused on the issue area of the principle of concentration of proceedings in the applicable and effective Civil Procedure Code. The thesis also aims to introduce the individual procedural provisions that are subject to the concentration of proceedings and to discuss the problems associated with their interpretation and application, to determine their mutual relationship and to summarize them as a comprehensive system created by the principle of concentration of proceedings in our legal order. Separate chapters of the thesis deal with the courts' duty to advise and with exceptions from the concentration of...
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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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