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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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Comparison of Czech and Spanish regulation of representation in civil proceedings
Tomíčková, Nikola ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and Spanish regulation of representation in civil proceedings The objective of this thesis is to examine the fundamental aspects of Czech and Spanish regulation of representation of the parties to civil proceedings through a comparison of said regulations and to answer the set research questions. Examining the institute of representation in civil proceedings is topical due to the ongoing work on the new Code of Civil Procedure given that it is likely the regulation of representation will undergo substantial changes compared to the current regulation in the Code of Civil Procedure currently in effect. In this context, the presented thesis answers the question of how similar the regulations are, in which areas they show similarity and whether, or in which specific areas, the current Spanish regulation can serve as an example and inspiration for future Czech regulation. The first two chapters of this thesis explore the basic elements of the Czech and Spanish regulation of representation in civil proceedings respectively. To give some context, the concepts of civil court proceedings, representation and representation in civil proceedings are first briefly explained in each of the chapters. The thesis then goes on to examine the institute of representation from the point of how it...
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Mediation, its course and impact on court proceedings
Barešová, Martina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Mediation, its course and impact on court proceedings The aim of this thesis is to introduce the reader to the legal regulation of mediation in the Czech Republic, to explain the basic principles and methods of mediation, the influence of the essential mediation institutes on the legal relations of the parties and to compare the advantages, disadvantages and effects of mediation on court proceedings. In the first part of the thesis, the theoretical concepts of mediation (conflict, mediator, communication and negotiation) are first introduced, then I specify the factual position of the mediator and his influence on the course of mediation. In addition to this, a part of this chapter is also devoted to mediation styles as well as national, European and supranational legislation that may have a major influence on the development of domestic legislation in the future. The second part is devoted to the procedure of the court and the parties to the conflict in the phase before the mediation itself. Here, the text focuses primarily on the court's approach and its role in providing guidance on amicable dispute resolution and in ordering the first meeting with the mediator. It is also worth mentioning here the approach of the legislators to the substantive proposal of the Civil Procedure Code regarding...
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Representation in civil proceedings
Kodetová, Kristýna ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Representation in civil proceedings Abstract The thesis deals with legal regulation of representation in civil proceedings. The text analyses this traditional legal construct, evaluates legal regulation currently in effect as well as legal regulation indicated in the new Civil Procedure Code proposal, and presents de lege ferenda proposals. The thesis begins with an introduction, in five chapters it deals with general questions related to representation, representation based on Act, representation based on the power of attorney, representation on the basis of the court decision, obligatory representation by an attorney, and ends with a conclusion. The chapter on general questions related to representation covers the meaning of representation, providing evidence of the right to represent a party to proceedings and conflict of interests. The chapter on representation based on Act is divided into two sub-chapters: representation based on Act in order to remedy a lack of procedural conditions and representation based on Act in order to protect a party to proceedings. Thoughts on the definition of capacity to take part in proceedings are included in this chapter. The chapter on representation based on the power of attorney outlines analysis of the right to choose a representative, the power of attorney as...
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The Position of Review Appeal in the System of Remedies
Ambrož, Vojtěch ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The Position of Review Appeal in the System of Remedies Abstract What is the purpose of the review appeal in civil matters? Should the review appeal be of an ordinary or extraordinary nature? Should the admissibility requirements of the review appeal be determined entirely objectively, or should it depend, at least in part, on the subjective discretion of the appellate court? This is only a part of numerous questions that have accompanied the institute of review appeal for several historical stages and, due to the planned overall re- codification of the civil procedure law, these issues remain relevant even today. The author of this work aims to provide an answer to some of these questions based on a critical view of the historical development of the review appeal, current legislation concerning this matter and the review appeal from de lege ferenda perspective. In the first chapter, the author generally discusses remedies in civil proceedings, their nature, effects, and definition of the review appeal. The greatest attention is paid to the purposes of the review appeal, which include finding individual justice and unifying the decision-making practice of the civil courts. In the second chapter, the author focuses in detail on the historical development of the institute of review appeal. Its important...
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Expert Opinion and Its Assessment
Karpíšková, Klára ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Expert Opinion and Its Assessment Abstract Expert opinion is an important institute for professional evaluation of facts and is widely used in public and private law. This thesis primarily focuses on the examination of expert opinion as a means of proof from the point of view of civil procedural law. In civil procedure, an expert opinion often serves as a basis for issuing a court decision. For this reason, high requirements are placed not only on the persons of experts but on expert opinion itself as well. This thesis focuses on the judicial assessments of an expert opinion, i.e. the judicial evaluation of whether the expert opinion meets all the requirements that it should meet by law. Special emphasis is placed on the reviewability of the expert opinion, as it is a prerequisite for any evaluation. Furthermore, the criteria for judicial review of expert conclusions are determined and defined in this thesis. They include legality, relevance and truthfulness. The criterion of factual correctness is examined in more detail, as its application is the most conflicting within the academic circles. However, this work argues and concludes that the court should subject the expert opinion to a full assessment, including the review of factual correctness, otherwise a court decision could ultimately be a...
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Payment order procedure
Jurásek, Vít ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with the current legislation of a payment order procedure. It is focused on issues for which legislation does not have an explicit answer. The thesis in particular with the help of generalized conclusions from more significant court decisions tries to find solutions for situations that occur more or less often during the payment order procedure, but are not dealt with uniformly in the practice of lower courts. The existing legislation is also compared with a possible future modification in the new civil procedure code. At first, the concept of the payment order procedure and its basic principles are defined. Furthermore, the importance of this form of procedure for the current Czech judiciary is evaluated, as it helps to speed up and simplify activities of judiciary. This is also achieved by involving court emloyees in decision-making acitivity, whose specifics are also described by the thesis. The following sections are focused on a payment order, an electronic payment order, a payment order under a bill of exchange or a cheque and a European order of payment. The conditions for issuing a given type of decision, its content and the defense options of the defendant are always interpreted. The differences between each sub-type of payment order procedure from general civil proceedings...
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Legal force and enforcement of judgement
Kekula, Vít ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Legal force and enforcement of judgement Abstract The subject of this thesis are legal force and enforcement of judicial decisions adjudicated in the civil procedure. Its main goal is to provide an in depth yet comprehensive analysis of its effects, its role in the judicial proces and to demonstrate their functional connexion. A secondary objectif of this thesis is to provide the reader with a current legislation based critical assesement of the legal terminology employed by the czech doctrine to describe the effects of legal force. Despite the fact that the legal force and enforcement of judicial decisions are closely linked by their purpose, they are conceptually independent. Therefore, they will be dealt with separately. First, the legal force of a judicial decision will be examined, second, its enforcement will be adressed. The thesis is divided into five chapters in total which are further subdivided into sections and subsections. The first chapter consists of a brief introdution to the relevant mechanics of the Roman civil procedure which importance to the notion of legal force as we know it is not to be underestimated. Apart from a historical context, its analysis should contribute to a better understanding of its true nature and function in the contemporary civil procedure. In this context, material...
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Preliminary injuctions in civil procedings
Hrnčiřík, Vít ; Winterová, Alena (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
The topic of preliminary injunctions (injunctive relief) in civil proceedings has not been monographically processed and published in the Czech Republic for more than one hundred years. That is in spite of the practical relevance and topical debates pertaining to the topic. A whole array of problematic questions connected to preliminary injunctions is controversial and also legal opinions in Czech commentary literature considerably diverge in respect to particular issues. The thesis offers a systematic approach to preliminary injunctions and proceedings governed by the Czech Civil Proceedings Code and the Statute on Special Court Proceedings ("OSŘ" and "ZŘS"). Attention is paid to historic developments and comparable jurisdictions (especially Germany and Austria), which are used as a reference in cases where Czech sources are insufficient. The aim of the work is to pose and answer fundamental questions of the "law of preliminary injunctions". The work deals with function, typology, relation to the proceedings based on merits, interlocutory character, limits, means, effects, particularities (such as demonstration, justification), requirements for granting and possibilities of enforcement of preliminary measures, further with relation to relative legal creatures (i.e. preliminary enforceability) and...
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Appeal in civil procedur
Němečková, Bára ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Appeal in civil procedure The aim of this diploma thesis is to describe the law regulation of appeal in czech civil procedure in connection with application of law by judges. I tried to describe the process of appeal procedure in Czech Republic and also describe a practical problem connected with application of law. This type of legal remedy is the most applied way how to examine or change the verdict of the judge. I have choosen the topic Appeal in civil procedure, because I am interested in civil procedure at all and in the future I would like to become a judge assistant. I think that knowledge of civil procedure is very important for each lawyer. The legal regulation of appeal and other legal remedies is enshrined in the legal act No. 99/1963, called Občanský soudní řád (Civil Procedure) in Czech Republic. The regulation we can find also in other legal acts (e.g. No. 292/2013 called Zákon o zvláštních řízeních soudních). This thesis is divided into twelve chapters, each charter is focused on different issue of this topic Appeal in civil procedure. The thesis is consisted of theoretical explanation of the institution of appeal in civil procedure and I also tried to emphasize the meaning of the practice of the courts, because the practical application of law is maybe more important than the...
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