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Legal effect and enforcement of judgment
Petriláková, Petra ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The aim of this diploma thesis is to describe the main properties of the legal judgment in a private law - legal effect and enforcement. The focus is on the accurate analysis of the traditional institutions of the private process. It is not examined only from the point of view of the valid legal regulation but also according to the reasoning of the legal theory and from the conclusions of the legal practice. Theoretical interpretation is often supported by practical examples that are used to improve the intelligibility of the thesis and understandability of individual problems. The diploma thesis is mainly focused on the issue of the legal effect of judgment. In relation with that there is explained the essence and purpose of this institution. Legal effect is conceived as the set of the specific properties (impacts), that the judgment acquires when the legal presumptions are fulfilled. There are defined the concepts of the formal and material legal effect including their mutual relation. Attention is also given to the individual impacts of the legal effect as the finality, the immutability and the obligation of the judgment. There is described not only its legal nature but also the specific utterances and consequences of its application. Following interpretation of bounds of the legal effect tries...
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The Nature and Effects of the EU Court of Justice Decisions
Fellerová Palkovská, Iva ; Král, Richard (referee)
The EU Court of Justice is the judicial body of the Union, which gives judgments in a wide variety of proceedings and thus fulfills the role of a constitutional, supreme and administrative court. It contributed to the evolution of Union law significantly. The main aim of this thesis is to map the characteristics and effects of the EU Court of Justice judgments towards parties to the case and third parties. Therefore the functioning of precedential effects of CJEU judgments, its temporal effects, force of res judicata of judgments and its enforceability is analyzed in the thesis. These characteristics and effects are put into broader context also with regard to the position and mission of the EU Court of Justice in the institutional structure of the Union.
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Recognition and enforcement of foreign judgments in European Union law
Šatylov, Michael ; Pfeiffer, Magdalena (advisor) ; Růžička, Květoslav (referee)
Recognition and Enforcement of Foreign Judgments in European Union Law Abstract The diploma thesis deals with the institute of recognition of foreign judgements and the conditions of its enforcement in European Private International and Procedural Law. The European International Procedural Law, as a part of the European Union law, requires the autonomous interpretation of some concepts of law. Therefore, the relevant case law of the Court of Justice of the European Union concerning certain key concepts of law and provisions of the relevant regulations is also considered. The diploma thesis focuses on the analysis of the specific system of recognition and enforcement of foreign judgments in civil and commercial matters, which is contained in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ibis), Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure and Regulation (EC) No 861/2007 of the European Parliament and of the...
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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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A notary and civil procedure
Krejčí, Kristina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of the thesis is to analyze the role of the notary in the Czech legal order placing emphasis on the link between his activities and the civil process. The thesis is divided into three chapters. The opening chapter deals with the history of notary office and presents and clarifies the basic notary principles. It is also dedicated to the scope of their professional organisation. Chapter two represents the most extensive part of the thesis, where the relationship between notary and civil procedure is clarified. The first subchapter deals with the role of notary as a court commissioner within inheritance proceedings. While performing acts in the inheritance proceedings, his activities resemble to the field of activities of a judge, because notary carries out the whole proceedings from the moment of the authorisation given by court of first instance, including the decision on the merits. The second subchapter is dedicated to the role of notary while drawing up notarial deeds under which executory proceeding can be directly ordered and carried out. If the notarial deed meets all the requirements by law and contains the clause of execution, it represents a public document, which works in the executory proceedings as a mode for execution thanks to which the civil procedure can be skipped. This subchapter...
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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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Legal effect and enforcement of judgment
Petriláková, Petra ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The aim of this diploma thesis is to describe the main properties of the legal judgment in a private law - legal effect and enforcement. The focus is on the accurate analysis of the traditional institutions of the private process. It is not examined only from the point of view of the valid legal regulation but also according to the reasoning of the legal theory and from the conclusions of the legal practice. Theoretical interpretation is often supported by practical examples that are used to improve the intelligibility of the thesis and understandability of individual problems. The diploma thesis is mainly focused on the issue of the legal effect of judgment. In relation with that there is explained the essence and purpose of this institution. Legal effect is conceived as the set of the specific properties (impacts), that the judgment acquires when the legal presumptions are fulfilled. There are defined the concepts of the formal and material legal effect including their mutual relation. Attention is also given to the individual impacts of the legal effect as the finality, the immutability and the obligation of the judgment. There is described not only its legal nature but also the specific utterances and consequences of its application. Following interpretation of bounds of the legal effect tries...
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