Search

1 Selected aspects of the right to fair trial in civil proceedings Abstract Rigorous thesis titled Selected aspects of the right to fair trial in civil proceedings focuses on introduction of the aspects of the right to fair trial on the constitutional level as well as specifically in the context of civil proceedings. The historical circumstances of the origins of the right to fair trial in the different jurisdictions and the establishment of the right to fair trial in the Czech legal system are explained. Definition of each aspect of the right to fair trial in legislation and case law is presented with a stress on the importance of each aspect for civil proceedings. Four aspects of the right to fair trial are given special attention. These are the independence and impartiality of the court and of the judge, the right to a legal judge, the equality of arms and the judicial economy. The current legal definition is introduced in relation to each selected aspect. Then, the factual fulfilment of the aspect is analysed and when relevant a consideration is given to possibilities of applicable remedies. In relation to the first two aspects (closely related to the judges) a special focus is aimed at the impacts of individual judges' behaviour on the public's view of the justice system. The fulfilment of the equality...

Execution by sale of real estate The presented rigorous thesis titled "Execution by sale of real estate" aims to describe and analyze the current legislation concerning real estate as a subject to execution proceedings. The thesis should offer potential solutions for the described problematic parts of an execution, such as the issue of conflict between the execution procedure and the insolvency procedure. In terms of its content, the rigorous thesis consists of eight parts. The first chapter of the rigorous thesis focuses on the definition of the essential terms of enforcement proceedings, the substantial institutions, and legal provisions which are connected to the enforcement. Essential principles of the enforcement proceedings are described in the beginning: the principle of party disposition, the principle of officiality, the principle of proportionality and the principle of defense and protection of the debtor. Then, the thesis analyzes the position of the judicial officer in the legal system and focuses on the legal consequences concerning the commencement of execution proceedings. From the second to the seventh part, the rigorous thesis contains the main subject of the work - the process of execution sale of real estate, when the parts correspond to the relatively independent phases of the process of...

a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...

108 Inheritance proceedings in the Czech Republic and Austria Abstract This rigorous thesis entitled "Inheritance proceedings in the Czech Republic and Austria" focuses on the analysis of legal regulation of probate in both mentioned countries and also on their comparison. The aim of this work is not a detailed description of all institutes related to probate, but rather a comprehensive overview of the proceedings in both countries. Furthermore, this thesis focuses on pointing out the problems occurring in notary practice in connection with inheritance proceedings, which in some respects are brought about by unclear legal regulation as well as certain changes and news in society, which are also manifested in court proceedings. Part of this thesis is also the proposal of possible legislative solutions to the mentioned problems. The work itself is divided into three main parts, namely Inheritance proceedings in the Czech Republic, Inheritance proceedings in Austria and a Comparison of probate proceedings in the Czech Republicand in Austria. The first part of this thesis focuses on the historical development of notaries in our country, its current status and legal regulation. Subsequently, the probate proceedings are described in general terms, including the principles applied in it, its participants and also...

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...

Other court proceedings Abstract The goal of the rigorous thesis presented is to map comprehensively the application of other court proceedings in the procedural rules governing court proceedings, with the basis of this thesis being the area of civil procedural law. Other court proceedings are explicitly regulated only by Act No. 292/2013 Sb., on Special Court Proceedings (hereinafter also referred to as the "S.C.P."), however, it is an institute which is also used in the context of contentious proceedings regulated by Act No. 99/1963 Sb., the Code of Civil Procedure (hereinafter also referred to as the "C.C.P."). Other court proceedings, in their general definition, are acts of the court by which the court enters into immediate contact with the parties to the proceedings and which are considerably less formalised than the most similar to them hearings on the merits. Other court proceedings may be held outside the courtroom, even outside the courthouse. The conduct of other court proceedings is much more in the hands of the person conducting other court proceedings compared to the hearing on the merits. As it implies from the previous sentence, it is not only the judge who can convene and conduct other court proceedings. The content of this rigorous thesis is divided into six parts, of which the largest...

Proceedings on determination and denial of parenthood Abstract Rigorous thesis deals with legal regulation of proceedings on determination and denial of parenthood. It is divided into eight fundamental chapters. By way of introduction the key concept of parenthood is defined, including its three elemental forms with subsequent inclusion in the social and legal context. For purposes of comparison and evaluation of continuity of legal rules in force, the second chapter briefly discusses the development of legal regulation of determination and denial of parenthood in the Czech legal system. In the third chapter, the author focuses on the current substantive law of maternity, presents the topics of anonymous and secret childbirths and also the issue of surrogacy as a source of possible litigation. Legal regulation of paternity is contained in the fourth chapter, which deals with the determination of paternity by means of legal presumptions, denial requierements, fundamental starting points and chosen problematic institutes. Special attention is also paid to the legal status of alleged father and child in proceedings on denial of paternity when the lack of protection of their right to private and family life and children's right to know his or her biological origin is pointed out. The following chapter describes...

Discontinuance of Execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on substantive review of an execution title Abstract The presented thesis deals with discontinuance of the execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on the possibility and the extent of substantive review of an execution title. This provision was originally intended by the legislator to be relatively abstract or indefinite. It was therefore necessary to introduce the specific circumstances leading to discontinuance of execution due to inadmissibility according to Sec. 268 (1) (h) of the Code of Civil Procedure through the case law. Precisely the considerable vagueness of this provision led to a considerable increase of cases introducing specific situations that led to discontinuance of execution. This theses therefore aims to analyse Sec. 268 (1) (h) of the Code of Civil Procedure leading to suspension of execution, in particular its purpose in relation to Sec. 268 (1) (a-g) of the Code of Civil Procedure, and further focusing on the topic regarding the possibility of conducting a substantive review of the execution title in the enforcement proceedings. The first chapter of this thesis focuses on the definition of the essential terms and principles of enforcement...

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...

Duty to assert and duty to prove in civil proceedings Abstract The rigorous thesis deals with the duty to assert and the duty to prove in civil court proceedings with a focus on the burden of proof, its division and transfer between the participants in the proceedings. The work focuses mainly on litigation. The issue of the rules of division of the burden of proof is still relevant, because for the success of a party to the dispute it is absolutely essential to fulfill the duty to assert and the duty to prove and subsequently bear the burden of assertion and the burden of proof. The aim of the thesis is to analyze in detail the procedural obligations and burdens that are carried by the participants in civil proceedings. The focus of the work is the question of the division of the burden of proof between the parties to the proceedings and its transfer between the parties to the dispute. The rigorous work is divided into an introduction, seven chapters and a conclusion. The introductory chapter describes general interpretations of evidence and the principles of civil procedure. The second chapter is devoted to the history of court proceedings and the development of the functioning of justice in the Czech Republic to state the context of the current concept of procedural obligations of the parties to court...

1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR

Concentration of proceedings Abstract The concentration of proceedings is a key instrument of the modern civil procedure. The purpose of the concentration of proceedings is to expedite civil litigation by establishing a factual and evidentiary 'stopstate', i. e. the latest moment by which factual submissions and motions to take evidence may be made. In this way, the concentration of proceedings is intended to effectively prevent the parties from bringing new statements and new evidence into the proceedings after the effects of the concentration of proceedings have taken effect, thereby contributing to a more expeditious conduct of the proceedings. The aim of this diploma thesis is to analyse and evaluate valid and effective legal regulation of the concentration of proceedings in the legal system of the Czech Republic and to reflect on its possible changes, including an attempt to outline certain controversial issues of the concentration of proceedings and to present the possibility of their solution. In order to achieve this goal, the text of the thesis is divided into five chapters. The first chapter is devoted to a general definition of the concept and purpose of the principle of the concentration of proceedings. The second chapter introduces the principles of the modern civil procedure, which are related...

Disposition of civil action This thesis deals with the procedural acts that a plaintiff may use to dispose of their civil action. The plaintiff may exercise dispositive powers by defining the factual basis or the cause of action. These instruments include the withdrawal of the action and the amendment of the action. Furthermore, the plaintiff may dispose of their action through a change in the parties to the proceedings. Such includes the intervention ofa party to the proceedings, substitution of parties, and procedural succession by singular succession. The plaintiff is considered the master of the proceedings. Under certain conditions, however, the legislation provides the defendant with a right of disposal. Such allows the defendant to assert their claim against the plaintiff through a counterclaim. The first part of the thesis deals with the general concept of the action and defines its mandatory elements and its different types. At the same time, the first part focuses on the dispositive principle, indivisibly linked to the topic of this thesis. The second part of the thesis deals with the individual dispositive acts by which the plaintiff and, under certain conditions, the defendant may dispose of the subject matter of the proceedings. These dispositive acts include withdrawal of the action,...

Parental responsibility proceedings Abstract The aim of this thesis is to provide with a comprehensive overview of the legal regulation of parental responsibility proceedings pursuant to section 466(e) of Act No. 292/2013 Coll., on special judicial proceedings, as amended, and to inform about the possibilities of amicable resolution of family conflicts with a focus on the Cochem model and family mediation. The diploma thesis is divided into 4 chapters, the first two parts concern parental responsibility proceedings. The first chapter introduces the reader to the issues under discussion and explains some basic terms. It discusses the institution of parental responsibility, which is quite fundamental for the procedural regulation, the holders and executors of parental responsibility. The second chapter deals in more detail with the sub-aspects of the parental responsibility proceedings, such as the subjects, in particular the parties and the court, which is linked in particular to the institution of jurisdiction, competence and also focuses on the special institution of delegation of jurisdiction. It also provides an explanation of the different types of proceedings in matters of parental responsibility, namely proceedings for the suspension of parental responsibility, proceedings for the limitation of...

Public Prosecutor's Office in civil proceedings This paper deals with the issue of the competence of the Public Prosecutor's Office in civil proceedings in Czech Republic, where the Public Prosecutor's Office is generally perceived as a body acting only in criminal proceedings. Most of the population of the Czech Republic has no idea that it is possible to meet with the Public Prosecutor's Office in other areas and that is the reason for the author of this paper chose the aim of this paper to acquaint the reader with the role of the public prosecutor's office in civil proceedings, respectively with the competences in this area. The thesis consists of an introduction to the theme of paper, conclusion of the paper and of 7 main chapters. The aim of the first three chapters is to introduce the issue to the readers and to the overall context of this paper. The first chapter deals with the historical development of the public prosecutor's office in our territory with a focus on non-criminal competence. The second chapter deals with the position of the public prosecutor's office in general at present, the third chapter deals with concrete position of the public prosecutor's office in civil proceedings. The other two chapters can be considered as crucial, ie chapters four and five. Chapter four deals with...

Witness and his testimony in civil proceedings Abstract The submitted diploma thesis deals with the testimony of a witness in civil proceedings. This is undoubtedly the most demanding means of proof. Its demanding character is given not only by the necessary preparation of the judge before this act, but especially in the subsequent assessment of the credibility of the testimony given. The diploma thesis aims to comprehensively describe the course of the carrying out witness testimony from the moment the witness enters the courtroom to the assessment of the witness's credibility within the reasoning of the court decision. Apart from the testimony, the introductory chapter deals with all the evidence means that can be presented in the Czech civil process with reference to their differences and similarities. The following chapter deals with the eligibility of the witness, the person of the witness and his witness duties. A witness need not comply with this statutory obligation if, by giving a testimony, he could cause a risk of criminal prosecution to himself or to a person close to him, or if he is bound by a duty of confidentiality. The third and fourth chapters of the thesis describe the procedure of carrying out of giving a testimony. At first, it is necessary to ensure the witness's presence by the...

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...

Payment order procedures Abstract The diploma thesis describes and analyses the current legal regulation of payment order procedure. It focuses not only on the wording of the law, but also on the remaining issues where interpretation by judicial practice was required. The thesis is to some extent critical, as the current legal regulation of injunction proceedings cannot be perceived as sufficient. The regulation of payment order under a bill of exchange or a cheque has been excluded from the discussion, mainly because of its considerable dissimilarities and the attempt to keep the work (also in the context of the comparative part) thematically coherent. The thesis is divided into six parts. The first one provides a general explanation of the concept of summary payment order procedures, explains the concept itself, the nature and defines the individual types. This part also includes an interpretation of the sometimes problematic concept of the right to a fair trial in the context of payment order proceedings. In the second part, the reader is introduced in detail to all aspects of the simple order procedure, with an emphasis on the controversial incorporation of qualified challenges into payment orders. In the third part, the electronic order procedure is introduced, especially its differences from the...

1 Hearing in Contentious Procedure Abstract This rigorous thesis deals with a hearing as a key phase of a contentious procedure in which the presiding judge, in cooperation with the parties, takes evidence and undertakes other appropriate measures in order to ensure complete and fair hearing without undue delay in the proceedings. The primary aim of this rigorous thesis is to describe the course of a hearing in the contentious procedure, as well as to analyse its legal basis governed by the provisions of § 115 et seq. of Act No. 99/1963 Coll., Code of Civil Procedure, as amended. For the sake of clarity, the text of this rigorous thesis is divided into five parts marked with letters A to E, which then contain 11 chapters. Firstly, the essential concepts are defined in Part A. The concept of "contentious procedure" is defined, its parties and their adversarial positions are introduced, their procedural initiative is described, as well as the function of the contentious procedure itself. Subsequently, the key concept of a "hearing" and its purpose is defined. Part B outlines the fundamental principles of the civil procedure, in particular the adversarial principle, according to which the parties to the proceedings have the right to comment on all facts and all evidence; the principle of public hearing which...

Action for retrial and for nullity Abstract This diploma thesis presents two institutes of Czech civil procedural law - an action for retrial and an action for nullity. Both actions are considered extraordinary remedies under Czech law and both can challenge a final court decision. An action for retrial serves to rectify defects in factual findings; an action for nullity serves to rectify procedural defects. Specific court decisions of the district, regional, and high courts are demonstrated in the thesis and prove that despite the scarce employment, the position of the actions within the legal system is justified and deserved. Both actions can further be found, slightly modified, in the upcoming new Civil Procedure Code, which should in the future replace the current Civil Procedure Code. The thesis presents several partial aims and one main aim. The partial aims are to introduce to the reader the actions for retrial and for nullity, to analyse their frequency and the reasons for which the actions were granted, and to make a comparison of Czech and Swedish civil procedural law. Fulfilling the partial aims accomplishes the main goal of the thesis: to provide a critical analysis of the substantive intent of the Civil Procedure Code based on the acquired knowledge. The diploma thesis is divided into six...

Procedure to limit legal capacity, Abstract This paper on the topic of procedures to limit legal capacity is chiefly about the prerequisites, purpose, nature and progress of such procedures and also the form of the rulings issued during these procedures. It maps not only the legal regulations for directing such a procedure in accordance with Act No. 293/2013 Sb., on special judicial procedures, but also its practical impact, current court practice and particularly findings from court practice. This work emphasises and minutely discusses selected issues regarding the procedure to limit legal capacity, i.e. the moment of submission of expert opinions, the need to appoint a guardian ad litem during each procedure, the content, scope and definition of decisions in these matters. This paper also interconnects substantive legal and procedural law, because the inseparability of substantive and procedural law is highly evident in procedures to limit legal capacity, whereas the purpose pursued in Act No. 89/2012 Sb. Civil Code is fulfilled by means of judicial procedures. This paper also briefly compares the regulations concerning the institute of legal capacity in the past and contemporary interpretation of the term. The basis of this paper is a complex treatise of judicial procedures in matters of legal capacity....

The principle of concentration in civil proceedings The principle of concentration, as one of the basic sectoral principles, manifests itself in civil proceedings in such a way that the proceedings themselves are made up of specific stages, in which it is always necessary to perform the acts for which the stage is intended. Procedural actions are thus concentrated. This means for the parties to the dispute that, at a particular stage of the proceedings, they must carry out all the procedural steps for which that stage is intended, under the result of preclusion. The purpose of this factual and evidentiary "stopstate" is to guarantee prompt and effective judicial protection of the subjective private rights of the party under § 6 o. s. ř. and to hear and decide the case without undue delay and respect constitutional right to a fair trial. In the current wording of the o. s. ř. we have a number of elements of concentration introduced by a major amendment and a comprehensive amendment to the Code of Civil Procedure. However, the way in which they were implemented by the legislator did not always lead to the perfection. The adjustment of the concentration is often inconsistent, rigid, creates inequalities between the plaintiff and the defendant and can, paradoxically, lead to delays in the proceedings. The aim...

This thesis deals with the direct registrations in the Commercial Register performer by a notary, as an alternative to uncontested court proceedings at the registrar court. Main goal of this thesis is to analyse and assess this method of registering facts in one of the types of public registers through a thorough analysis of all requirements for a registration in the Commercial Register by a notary laid down by relevant legislation, including a comparison of selected aspects of the whole process with partial steps of the register procedure. First of all, the thesis presents a historical excursus describing the development of the position of a notary in relation to the Commercial Register and the growing importance of notary activities, which justifies the legislator's decision to entrust the competence to perform direct registrations in the Commercial Register to the notaries. The following chapters are focused on the current legal regulation of this matter. First, the thesis deals in general with the essence of performing direct registrations by a notary. The following chapters contain the core of the thesis, that is the analysis of all the conditions that need to be fulfilled in order to enable a notary to perform a registration in the Commercial Register, which are namely the existence of a so...

Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...

The topic of this thesis is ineffectiveness of legal acts within the insolvency proceedings. This legal concept forms an integral part of modern insolvency law, since it can be considered an essential and the most frequently used instrument, on the grounds of which the insolvency trustee is able to challenge the insolvent debtor's fraudulent acts that are detrimental to their creditors, who are exercising their rights within the insolvency proceedings. Otherwise stated, this legal concept is crucial for the purposes of protection of the debtor's creditors within the insolvency proceedings. The aim of this thesis is to provide a comprehensive analysis of the effective legal framework of ineffectiveness of legal acts within the insolvency proceedings, as well as of current doctrinal opinions, specialised publications and relevant decision-making practice of courts. The thesis is not limited to a mere adoption of the aforementioned sources, as at many parts of the thesis these are being disputed, criticised or confronted with the author's own conclusions. Where appropriate, the thesis identifies shortcomings of the effective legal framework and presents the author's de lege ferenda considerations related to such. The thesis is comprised of introduction, eight chapters that are systematically...

Review of an execution title under loan agreements and stay of execution Abstract The rigorous thesis deals with the issue of substantive review of execution titles and stays of executions. Although execution courts are supposed to examine only the conditions of formal and substantive enforceability of an execution title in the execution proceedings, the current jurisprudence suggests that execution courts even tend to review execution titles from the substantive point of view. The rigorous thesis should thus serve as a document that would summarize the issue of review of an execution title, show the development of this issue through a summary of key case-law and, in particular, highlight all the circumstances and requirements that the execution courts, and consequently, the enforcement authorities, deal with in practice in connection with the review of an execution title and what impact such a review may have on the beneficiaries, i.e. for the creditors. The aim is to answer the question whether the examination of eligibility of the execution title from all points of view defined by the case-law continues to fulfil the general premise of execution proceedings on the impossibility to review the substantive correctness of an execution title, or whether, for example, the examination of adequacy of the benefit...

Special types of judgments in civil procedure Abstract The goal of my rigorous work is to further examine the special types of judgments in civil procedure, that include judgment by default and judgment by acknowledgement, to evaluate the current legislation of these judgments and to consider possible legislation from a de lege ferenda point of view. The first part of the work shows the reader the basic features of both judgments and their differences from other judgments, as well as with both of these judgments on a generic level. The second part captures the historical development of a judgment by default and a judgment for acknowledgement from the oldest legislation to the current legislation. The main third part is devoted to the judgment by default. The first chapter and its subchapters analyze in detail the individual preconditions for issuing a judgment by default, which are the default of the defendant, service of the application, service of the summons, instruction on the consequences of default, absence of reasonable and timely apology, first hearing in the case, proposal of the plaintiff, admissibility, lack of conditions for a judgment for acknowledgement and judicial discretion. The second chapter then focuses on the excusable reasons of default and also touches on the relationship between an...

Judgment and subject of the proceedings Abstract This diploma thesis deals with the topic of the judgment and the subject of the proceedings. First, it analyses both concepts and then focuses on their relationship, both in litigation and in undisputed proceedings. The diploma thesis is divided into four separate chapters. The first chapter explains the concept of the subject of the proceedings, further deals with the claim, defines it and analyses its requirements, defines the claim petit and divides it into basic types, which it also specifies in more detail. It then focuses on the principle of disposition as a fundamental principle of litigation, which allows the parties to dispose of the subject of the proceedings or of the proceedings themselves. The second chapter describes the judgment. It first lists its requirements given by law and then specifies what its properties are. Subsequently, it also deals with the concepts of correction of the judgment and supplementation of the judgment. Last but not least it explains the different types of judgment according to various classification criteria. The third chapter analyses the relationship between the judgment and the subject of the proceedings in the dispute. It first briefly describes what litigation is at all, then focuses on the general definition of...

The rigorosum thesis deals with disputes that may arise during the inheritance proceedings and after the end of the proceedings. It takes a closer look at the right of inheritance disputes and the right of disinheritance disputes, and it deals with other types of disputes, too. The thesis also focuses on unclear interpretation concerning disputes resolution. The author proposes possible alternative interpretations and comes up with de lege ferenda changes, that might contribute to finding an unambiguous resolution. The rigorosum thesis consists of six chapters divided into subheads for the sake of clarity. The first chapter deals with the nature of the inheritance proceedings as a non-contentious suit, its main principles, and an overview of various types of disputes. The second chapter deals with a historical overview of the disputes on the right of inheritance, the disinheritance disputes, and the protection of qualified heir after the end of the inheritance proceedings. The third chapter discusses the right of inheritance disputes as provided for by effective legal regulation in force. The chapter also deals with the present protection of qualified heir. The fourth chapter introduces readers to legal regulation of the disinheritance disputes or the forced share disputes and the unclear concept of their...

Legal status of a minor and the Children's Ombudsman in civil proceedings Abstract As the title may indicate, the main author's purpose is to address specific aspects of participation of a minor in civil proceedings, to highlight complications related to procedural (in)capacity of minors and to suggest solutions for the major issues, which the author sees especially in unsatisfactory representation of a minor and in disregard for the child's right to participation. Using concrete examples, it is demonstrated that current law does not need to be modified fundamentally in order to significantly improve position of minors as parties to civil proceedings. On top of that, in pursuit of livening up this frequent topic, the thesis provides a critical analysis of the Children's Ombudsman bill that may give rise to an entirely new office of the Children's Ombudsman, which already exists in almost all EU member states, however, Czech Republic is not one of them. Therefore, a brief comparative study of several European legislations on Children's Ombudsman will be conducted. According to the bill, the potential Children's Ombudsman's authority should apply, inter alia, to some civil proceedings. Namely, the Children's Ombudsman would be entitled to initiate or participate in vast majority of special court proceedings...

One of the fundamental rights of parties to legal proceedings is the right to have a case heard within a reasonable time without undue delay. If this right is violated, the State is liable for immaterial damage on account of a maladministration consisting in unreasonable length of the proceedings. The State is then obliged to compensate the injured party for the damage suffered. This thesis deals in particular with compensation for immaterial damage resulting from a maladministration consisting in unreasonable length of proceedings and the forms of compensation allowed by the Czech legal order. The aim of the thesis is a clear elaboration of the chosen issue with regard to the case law of the ECHR, the Constitutional Court and the Supreme Court. The thesis itself is divided into six sections. In order to establish that the proceedings are unreasonably long, their length must be defined. It is therefore necessary to determine the beginning and end of the proceedings, which varies according to the type of proceedings. The overall length of the proceedings constitutes the basic criterion for assessing whether there has been maladministration consisting in unreasonable length of proceedings. It is only after the overall length of the proceedings has been determined that it is possible to examine whether or not...

v anglickém jazyce The economic importance and value of immovable property, as well as the seriousness of dispositions with legal relations to them, are the reason to pay due attention to the rules of insolvency law governing legal relations and the administration of immovable property during insolvency proceedings. Especially in connection with the past year, the above becomes more important. The thesis deals with issues related to the rules of the Insolvency Act, which regulate the status, administration, and handling of immovable property during insolvency proceedings. The aim of this thesis is to analyse the position of immovable property during insolvency proceedings and to summarize the rules that determine how immovable property will be treated during insolvency proceedings, while the related selected legal problems gradually permeate this work. The thesis is divided into four chapters. The individual chapters are internally interconnected and follow each other systematically in the same way as insolvency proceedings. The first chapter deals with the definition of basic concepts related to immovable property in insolvency proceedings, as well as the rules for disposing of secured immovable property. Delimitation of immovable property in the assets of the debtor and the rules relating to its...

1 The procedure of the insolvency administrator in incidental disputes and his procedural strategy Abstract This text is focused on the description of the practical procedure of the insolvency administrator in incidental disputes. These are disputes arising and related to insolvency proceedings. Their administration is one of the major agendas of insolvency administrators, as a profession within the system of Czech insolvency law. The administration of incidental disputes, in contrast to, for example, the property agenda, is a purely procedural issue. The main aim of this text is to offer insolvency administrators a specific procedural strategy. Such a strategy shall include the procedure for (i) the drafting of the lawsuit, (ii) the processing of evidence, (iii) the conduct of court proceedings and (iv) the approach toward the judge. An effective procedural strategy for incidental disputes is an individual extension of the necessary minimum for the insolvency administrator, which is the fulfilment of his legal duties and obligations. An effective procedural strategy is also a competitive advantage and an individual feature of an insolvency administrator. I define the procedural strategy of an insolvency administrator in incidental disputes as a plan of activities of the insolvency administrator aimed at...

Legal practice with the focus on the duties of an attorney at law Abstract The dissertation thesis focuses on the exercise of the legal profession in the Czech Republic and its aim is to contribute to the professional and scientific discussion on the provision of attorney services, focusing on the attorney-client legal relationship. In its theoretical part, the dissertation thesis marginally discusses the historical context of the emergence of the legal profession as an independent and separate profession of legally erudite persons, both at the general level and at its specific levels, while emphasizing the strict observance of the constitutional right to legal assistance and its national and international legal anchoring and enforceability. The thesis analyses in detail and critically evaluates the performance of the legal profession de lege lata in accordance with the current legislation in force and simultaneously in comparison at the European and international level. The main content of the thesis is primarily the analysis of the legal relationship between the attorney-at-law and the client with an emphasis on a detailed analysis of the attorney-at-law's rights and obligations in individual legal proceedings and aside from them and on the performance of attorney services de lege artis. The dissertation...

Mediation as an Alternative Form of Dispute Resolution, Abstract, Keywords Abstract My Rigorosum Thesis "Mediation as an alternative form of dispute resolution" reflects the legal regulation of mediation in force in the legal order of the Czech Republic, analyses this regulation and subjects it to critical assessment. It is possible to state that mediation and its use has been existing in our society since time immemorial, however it is necessary to point out that modern society got to know mediation better only in connection with its legislative alteration in the Act on Mediation which implemented the Directive of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Following this circumstance, this alternative becomes supported and mediation services are deliberately used. With regard to the above stated, the purpose of this Rigorosum Thesis is to determine whether the current regulation of mediation in the Czech legal order is efficient or not and at the same time, based on the made analysis, the Thesis proposes how to remove the application as well as interpretation problems contained in the current legal regulation. The Rigorosum Thesis is coherently divided into chapters which logically follow one another and each of them deals with...

Proceedings in judicial care for minors with a focus on the matters of institutional care of a minor and other upbringing measures Abstract The aim of this diploma thesis is to acquaint the reader with the regulation of proceedings in judicial care of minors, in which a child under fifteen years of age or a criminally irresponsible juvenile is imposed a measure pursuant to Act No. 218/2003 Coll. The Juvenile Justice Act, as amended, with all its specifics. Mainly focusing on the course of the entire proceedings from its beginning to its end and on protective care as one of the measures that is the most insensitive intervention in the life of the child to which it is imposed. The diploma thesis is divided into six chapters, in the first chapter there is an introduction to the topic with an explanation of some elementary terms. The following chapters discuss the various aspects of the proceedings, such as jurisdiction, with a focus on local jurisdiction and the transfer of jurisdiction, which is a typical institute for proceedings in judicial care for minors. In the third chapter, the work deals with interim measures that can be imposed both before and during the proceedings. This chapter also includes a short excursion into the procedure of the police authority and the public prosecutor before the initiation...

The defense of a debtor in execution proceedings Abstract The thesis focuses on the defense of a debtor in execution proceedings. It is divided into theoretical and practical part and composes of six chapters. The thesis is based on specialized literature, professional newspaper articles, Czech courts case law and historical and current legislation. The goal of this thesis is to provide theoretical explanation of selected legal means of the defense given to a debtor in execution proceeding and to subject them to considerations and criticism. Therefore, each part of the thesis doesn't lack considerations of sufficiency or insufficiency of the legislation in relation to the debtor or reflections over the possibilities how to abuse the legal means of defense in execution proceeding by a debtor. The first chapter is devoted to the historical excursion focusing on the execution law with an emphasis on the possibilities of the defense of the debtor against execution. The excursion starts in the Roman era, continues through the medieval and modern execution law and ends with significant milestones in the execution law in the Czech Republic. The second chapter defines the participants of the execution proceedings, because only participants of the execution proceedings are those subject to the legal means of the...

This thesis deals with the proceedings in matters of a person missing and death, which include proceedings to declare a person missing, proceedings to declare a person dead and proceedings to determine the date of death. This thesis is devoted to these court proceedings in the first instance, especially to the means of the iniciation of the proceedings, determination of the participants in the proceedings, the course of the proceedings and evidence, the form of decisions, costs of proceedings and possible remedies. Concurrently, the thesis describes the substantive legal regulation of the assumptions and effects of the declaration of a person missing and the declaration of a person dead and the history of individual institutions and court proceedings. Furthermore, in order to enable a comparison with foreign legal regulations, the Spanish legal regulation of the institutions of missing persons and the declaration of death is presented here. The thesis aims to compare whether the substantive and procedural legislation correspond to each other. On the basis of this comparison, the analysis of the substantive and procedural legislation and the comparison with the Spanish legislation, de lege ferenda considerations are proposed. The work uses a historical, analytical and comparative method.

1 Abstract This rigorous thesis deals with the issue of judicial and execution recovery of maintenance for a minor child. The work is conceived as a comprehensive treatise on the topic. The first part includes the definition of the maintenance obligation, questions concerning the relevant aspects of determining the amount of maintenance on the part of both the obligated parent and the entitled child, and maintenance proceedings in the discovery procedure. The second part of the thesis contains a basic overview of the enforcement proceedings, the differences of the execution and judicial enforcement of the decision are defined. Work is mainly done with the execution regulation, as in practice prevailing for the enforcement of enforceable obligations. The thesis describes the execution process, including its individual subjects and preconditions for conducting execution, execution principles and execution titles. A substantial part of the work is devoted to general ways of execution, because the recovery of maintenance is to some extent a mere enforcement of pecuniary obligations and at the same time it is the ways in which maintenance is most often collected. The main part is the chapter dealing with the specifics of recovery of child support. Problematic aspects of the enforcement of a maintenance decision...

Concentration of Proceedings Abstract My rigorous thesis is focused on legal institute of Concentration of the Proceedings and Summary / Simplified Procedures more precisely Payment Order Procedures as well as their limits. From time immemorial, there has been a requirement for a fair court decision, i.e. the court should grant his decision when all the facts are carefully examined by a court. It is very often time consuming for court to meet this requirement and thanks to this a court gets in collision with another important requirement or principle - Speed of Proceedings relating with final solution of the case. It is therefore a question to determine the moment until when (i) new facts in the proceedings can be stated and (ii) evidence to prove them can be proposed. Current legislation of Concentration of Proceedings is strictly based on the principle of legal concentration of proceedings. Czech legislation doesn't know judicial concentration of proceedings de lege lata. However, our Justice itself found its way through interpretation which means that court either fails to give proper notice or simply doesn't end first hearing (pre-trial proceedings) until closing of proceedings upon final judgement. Legal concentration of proceedings should be in balance with the duty of the court to instruct...

Fast-track proceedings known as traditional institute of civil procedural law contain many imperfections in present legislation despite their long-term development. Therefore this thesis strives to give more comprehensive legal analysis on present legislation regarding fast- track proceedings and to offer a solution for its loopholes. This thesis finds inspiration for dealing with these problems also in foreign legislations, which are compared with Czech legislation. Thesis thus offers comparison of German, French and Slovakian legislation with legislation of the Czech Republic, when German legislation seems to provide a proper guideline for improvement regarding fast-track proceedings automatization, which is also desired by Czech legislator. Professional public does not provide fast-track proceedings with proper attention, when articles or publications only focus on specific parts of these issues, but more coherent perspective and links between individual proceedings or their comparison are almost absent in specific literature. Thus non-professionals do not get the chance to understand meaning and advantages of fast-track proceedings. Thesis tries to fix this and to give more comprehensive perspective on fast-track proceedings in general terms or with regard to individual fast-track proceedings...

Enforcement of the Judgement of the Court by Deduction from Wages or Other Income - Abstract, Keywords Abstract The subject of this thesis is enforcement of the judgement of the court by deduction from wages or other income carried out by court enforcement officials in cooperation with wage payers. This is one of the methods through which a court enforcement official enforces a judgement and which is very often used in practice, therefore it deserves a more detailed analysis. The aim of this thesis is to create a comprehensive description of the process of this type of enforcement focusing on the position of the wage payer, the court enforcement official and the debtor. The thesis also deals with specific situations that may occur in the course of this enforcement and it offers their possible solutions. The beginning of this thesis focuses on the role of court judgement enforcement by deductions from wage and other income in comparison with other methods of enforcement. Further, it deals with sources of legal regulation which are related to the given issue and with basic terminology that is essential for orientation in this topic. This is followed by an explanation of the process of this type of enforcement from start to finish. A considerable part is further dedicated to the issue of the status of the wage...

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...

This thesis focuses on the "Procedural requirements of civil proceedings". A fulfilment of procedural requirements is a prerequisite for issuing a decision in a case. Legal experts distinguish among three groups of procedural requirements: procedural requirements related to the court, procedural requirements related to the parties and negative procedural requirements. In my thesis I have also decided to analyze material procedural requirements as they are considered by many scholars being procedural requirements as well. The reason scholars acknowledge material procedural requirements as a separate group of procedural requirements is that a failure to fulfil causes similar consequences as a failure to fulfil other procedural requirements. The thesis is divided into four chapters, each chapter deals with one group of procedural requirements and includes a detailed description of particular procedural requirement, examination of the requirement and consequences of the failure to fulfil. The first chapter deals with procedural requirements related to the court. The first part of this chapter analyzes civil jurisdiction. In order to define civil jurisdiction, it describes different legal theories of private and public law and extensions and limitations of court's jurisdiction. The second part of the...