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Attorney's remuneration in relation to the costs of the proceedings
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Attorney's remuneration in relation to the costs of the proceedings Abstract This master's thesis focuses on the topic of methods of determining the attorney's remuneration for his provision of legal services, the relationship of this remuneration to the compensation for the costs of civil proceedings and a collision of Section 149 subsection 1 of the Act No. 99/1963 Coll., Act on Code of Civil Procedure with Section 10 subsection 6 of the Resolution of Board of the Czech Bar Associaton No. 1/1997 Bulletin laying down the rules of professional ethics and rules of competition for attorneys in the Czech Republic (Code of Ethics) and it was to understand this conflict that the aforementioned institutes had to be explained. The thesis is divided into five chapters. The first chapter deals with contractual attorney's fees, their types and the sources of this method of determining attorney's fees. The subsections of this chapter also introduce the pro bono institute and the recent case law of the CJEU concerning the conditions for determining the contractual remuneration of an attorney providing legal services to a consumer. The second chapter deals with the so-called non-contractual attorney's fees. Specifically, it describes the basic mechanisms for determining an attorney's non-contractual fee through the...
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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The costs of civil dispute proceeding
Kratochvílová, Jitka ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis named "The costs of civil dispute proceeding" focuses on the costs of civil dispute proceeding. After a general introduction of the topic, the costs of civil dispute proceeding are divided into two chapters - the costs that arise prior to the beginning of the proceeding and the costs that arise after the proceeding begins. The main chapters of the first part of this thesis are chapters dealing with court fee and lawyer fee. The second part of this thesis concentrates on the difference between paying and compensating the costs of proceeding, the issue of deciding on costs, together with the right of court not to compensate the costs of proceeding as they should be compensated under normal circumstances. The final chapter gives a comparison of the costs of civil dispute proceeding between Czech legislation and the legislation of the states that share borders with the Czech Republic and finally it describes shortly the costs of proceeding at the European Court of Justice.
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Macková, Alena (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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