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Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
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Types of civil procedure
Krejčí, Ivona ; Macková, Alena (advisor) ; Smolík, Petr (referee)
Types of civil procedure This thesis deals with various kinds of civil procedure. It defines its character, the purpose of its legislation, its principles, parties and their position, rights and responsibilities, and the course of the five kinds of civil proceedings in the Czech republic. In the first chapter there is described the procedure, in which disputes are solved. Courts binding decide concrete disputes and declare, what is right and what is not right. Parties have to declare their rights and proof it. Otherwise they fail the process. In the second part of the first chapter there are defined kinds of civil procedure in which there is no dispute but it is required to regulate this legal relations, for example when somebody dies or lose some legal document. The second chapter deals with proceeding which leads to enforcement, when somebody doesn't voluntarily perform what he have to perform according to the final legal decision. The court or the executor can force this person to perform his obligation. In the third chapter there is described the bankruptcy proceeding and its institutes. The bankruptcy proceeding is regulated in the quite new Bankruptcy act. This chapter deals also with the ways of solution when somebody declare a bankruptcy. The fourth chapter deals with arbitration, in that parties...
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