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Dispositional acts of the parties to the civil proceedings
Strakošová, Simona ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Dispositional acts of the parties to the civil proceedings Abstract The diploma thesis deals with the issue of dispositional acts of the parties to the civil proceedings. The thesis therefore focuses on individual dispositional acts in contentious and non- contentious proceedings and on the displays of declaratory principle that affect the civil proceeding through these acts. The aim of the thesis was to analyze the current Czech legal regulation of dispositional acts using not only valid legal regulations, but also professional literature, professional articles and case law. With regard to the current case law this thesis also concentrates on selected issues related to the application of dispositional acts in procedural practice, it outlines some potential problems of interpretation and takes a stand on them. The first chapter of this thesis deals with the declaratory principle, primarily with its essence and influence of contentious proceedings. It describes two main aspects of disposition in proceedings and explains the inclusion of this principle in the typology of principles specific to individual branches of the civil proceedings. The second chapter contains an explanation focused on the issue of participation in civil proceedings and clarifies who can be considered a participant eligible to perform...
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The Enforcement of Court Settelements
Šamlot, Jan ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
The Enforcement of Court Settlements Abstract The topic of this thesis is the enforcement of court settlements. Court settlement is an institute, which, although it is a traditional part of civil procedure, does not receive enough attention. The absence of any detailed analysis of the court settlement is even more surprising considering that currently chosen structure of the court settlement in the Czech Code of Civil Procedure (OSŘ) is very problematic and raises the great amount of the theoretical questions, from which some of them are capable of causing troubles in practice. At the same time, the problematic aspects increase also in terms of the enforcement of the court settlement. With regard to the above, this thesis primarily maps the historical development of the court settlement in the legal territory of today's Czech Republic in order to clarify the basic principles and better understanding of this institute at present. After the historical part, the thesis deals with the court settlement as an institute and his positive legal definition in order to point out the interpretation problems in certain aspects and also to mention their possible consequences. Furthermore, the thesis presents possible solutions to the selected problems and simultaneously, where appropriate, compares the legislation with...
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Bishop Pavel Huyn and his participation of the founding of the Congregation the Sisters Consolers of the Sacred Heart of Jesus
Holasová, Pavlína ; Kubín, Petr (advisor) ; Šmíd, Marek (referee)
The bachelor thesis: Bishop Pavel Huyn and his partecipation of the fouding of the Congregation the Sisters Consolers of the Sacred heart of Jesus. The thesis deals with person bishop of Brno Pavel Huyn in context with the founding of the Congregation of the Sisters Consolers of the Sacred Heart of Jesus, it tries to explore the spiritual assumtions and fundamental elements of spirituality of his intended work. It describes cooperation with the founder of the sisters Rosa Vůjtěchová. It gives an insigth into his written legacy "Tajemné požehnání" ("Mysterious blessing") and into his letters to sistrs. Further the thesis describes the further fate of the bishop himself according the preserved sources and his work embodied in the family of the consolers that contiunes to today.
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Enforceability of mediation settlement agreements in international commerce
Godál, Ondrej ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of this thesis is to clarify the issue of enforceability of mediation settlement agreements with the focus on the field of commercial law. The thesis presents the main problems and interpretation divergences and the author argues his own opinions. In the first chapter, i.e. in the introduction, the reader is familiarised with the notion of mediation settlement agreement as a mere private agreement, which is not directly enforceable in most of the jurisdictions. In the second chapter, the thesis deals with different methods of making the mediation settlement agreement enforceable in Czech, Slovak and marginally also in Austrian legal system. There are basically three means of conversion of mediation settlement agreement in all three legal systems. First, it is possible to have the agreement approved by a state court in the form of court settlement. Second possibility is to have an arbitral award on agreed terms issued. However it is not clear, whether it is possible to start arbitral proceedings only for the sake of having an enforcement title if the parties have already settled. Third option is to get a notarial deed with permission to enforcement issued. In the third chapter, the thesis concerns with the enforcement of foreign mediation settlement agreements, which are enforceable in another state...
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