Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...

The goal of my Master's degree thesis is to describe the relation between an action and a judgment. My paper is divided into 9 chapters and several subchapters. After a general introduction in chapter 1, I describe the civil procedure and its basic principles in chapter 2. Chapter 3 is focused on describing an action and a judgment separately. It defines both of these acts, an action as an act of a plaintiff, a judgment as an act of a court. This basic definition is followed by an explanation of what form must these two acts have (written, oral, electronic…) according to the Czech Civil Procedure Code. In the next subchapter I describe the main requirements of these two acts (an action - court address, names of a plaintiff and a respondent, names of their representatives…, a judgment - a verdict, a justification and guidance on appeals). Chapter 4 provides the relation between an action requirement and a judgment verdict. A plaintiff summarizes his/her requests in an action requirement. By that he/she is presenting the dispute to the court. The court deals with plaintiffs' requests in his verdict. We can say the verdict of the court is destined by the action requirement. In the last subchapter of chapter 4 I am presenting several examples of action requirements and judgment verdicts. In Chapter 5...

Thesis with the topic "Types of action in The Civil Process" The objective of the thesis with the topic "Types of action in The Civil Process" is to offer a comprehensive view of the positive treatment of various types of action in the Czech civil procedural law. The action is a significant procedural institution, which is considered a universal means of protection of rights, and in both theory and practice it is treated with due importance. The thesis is divided in eleven chapters. In the first half, I define general characteristics of the action and its legal effects; in the second, I deal with the individual types of action in detail and analyse their specifics by means of a detailed of the literature and case law review method.

Types of civil actions in the civil process This graduation paper is divided into four chapters. The first chapter describes an action as such. It covers most aspects of an action such as the elements of an action, defects, consequences of filing an action and possible dispositions. An analysis of these aspects should enhance the reader's orientation in the legal terms and help to understand the context and relations between individual types of actions in the following chapters. More focus was put on the prayer for relief as a key element used to categorise individual types of action. The section "Prayer for relief and its types" provides several examples that could help clarify the issue of their categorisation to the non-professional public. The second chapter describes the modern history of the types of actions and the development of procedural legislation. It also contains a reference to the new drafted rules of judicial procedure as a considered replacement of the current Rules of Civil Procedure. The third chapter provides a categorisation of actions and their individual types. Major focus is devoted to the highly discussed declaratory action, plea of res judicata, and the binding nature of the court's justification. Each analysed type of action contains at least one practical and informal...

Extraordinary remedies in the civil procedure Abstract This thesis deals with extraordinary remedies in the civil law system. First, the thesis provides a definition of each remedy system and a brief description of the main principles on which the remedy systems are built. Then, in chapters three to five, the thesis discusses the individual extraordinary remedies, with particular attention paid to the extraordinary appeal due to its privileged position among the remedies. The extraordinary appeal is followed by a discussion of the action for nullity and then the action for retrial. The positive legislation in Act No 99/1963 Coll., the Code of Civil Procedure, as amended, regulates the action for a declaration of annulment and the action for a retrial together in chapter four. Therefore, chapter five of this thesis deals in particular with the exceptions to the action for a retrial. Chapter six of this thesis aims to present the analogical institutes of extraordinary appeal in the German and Austrian legal systems, which is in particular the revision. In particular, the chapter discusses the conditions under which a given remedy is admissible and presents some specific institutes of the analogical legal systems. Chapter six concludes with a comparison of the frequency of pending appeal/review cases with the...

1 SUMMARY The nullity plea is one of the three extraordinary remedies provided for in the Civil Procedure Code. Its purpose is to correct substantial procedural errors that occurred in judicial decisions or in the preceding civil proceedings. If one of the nullity grounds, regulated by Article 229 of the Civil Procedure Code, is present and all other conditions of admissibility are fulfilled, the court cancels the earlier final decision which terminated the proceedings, regardless of whether or not it is correct from the matter-of-fact point of view. The nullity plea represents a unique institute that solves the conflict between the interest in protecting legal certainty founded by a final decision of the court, and the interest in a defective decision being eliminated. The conditions of its admissibility are therefore set so as to only limit its application to cases in which the second interest prevails. The purpose of the diploma thesis is to provide a complex analysis of the nullity plea, in particular the conditions of its admissibility and the proceedings pertaining thereto. It is divided into six chapters. Chapter One describes the historical development of the nullity plea; nevertheless, it is not only restricted to this institute, but also contains a description of other remedies which were used to...

Univerzita Karlova v Praze Právnická fakulta Kristína Kapuscinská ŽALOBA A ROZSUDEK (VZÁJEMNÝ VZTAH) Diplomová práce Abstrakt v anglickém jazyce Action and Judgment (mutual relation) Action and judgment are the key instruments of procedural law. The central topic of my thesis is the mutual relation between them; nevertheless we can not define the mutual relation without the basic definitions and a brief description of the action and judgment as process instruments, especially concentrating on its requirements, so that it should be possible to formulate the essence of its procedural consistency. I tried to express its mutual relation and complex context in my thesis. The mutual relation is evident when interpreting the law action theories, which tried in more or less successful way to resolve the relation between substantive and procedural law. Finally, the whole development of the action is illustrated by the comparison with the system of actions in Roman law which were understood as pure substantive institutes. The mutual relation is reflected in the components of the action and judgment. It is clearly evident in the case of the petit and the body of judgment which follows. The mutual relation is also evident in the case of the dispositive acts, the applicant may within his procedural rights dispose of the...

My thesis relates to the action for liability due to lack of assets in French law and further deals with this institute in the Czech Republic as it can be found in § 68 of Business Corporations Act. Along with the common legislation of liability, I present the institute of faute, which is unknown to Czech law and I describe the French national legislation of the action for liability due to lack of assets. The Czech legislation, which addressed the form of the institute when creating the Business Corporations Act yields an interesting comparison given French law has long incorporated the tradition of the institute. To finish, my thesis deals with the amendment of Business Corporations Act as proposed by the Ministry of Justice in the end of 2016 and which is only at the beginning of the legislative process. In France the institute represents a special type of liability that can be established to statutory bodies when there is lack of assets. In the Czech Republic it is a special type of guarantee that can be established for a member or a former member of the business corporation's statutory body. The differences between the French and Czech legislation are mainly based upon the manner in which the fulfillment of the obligation by the statutory body is made. In France the statutory body's fulfillment goes...

Nullity and inefficacy of legal acts in bankruptcy proceedings This thesis deals with description of nullity and inefficacy institutes of legal acts, especially with focus on bankruptcy proceedings. Such legal acts shorten the debtor's assets and the institutes of nullity and inefficacy allow to return the lost property back to the debtor's assets. This thesis is divided into six chapters which are subdivided into subchapters whilst the most important part is formed by chapters 4. and 5. The first chapter deals with the basic definition of bankruptcy proceedings, it also describes the basic principles and principles of bankruptcy proceedings which are also important for understanding the institutes of nullity and inefficacy of legal acts. There is approached the issue of the actionability of legal acts in bankruptcy proceedings in general view and in the whole chapter's conclusion I have highlighted the criminal law overlap of this topic with focus on the offense of favoring the creditor. The second chapter provides a historical excursion, not only in the context of nullity and inefficacy legal acts but also in the context of bankruptcy proceedings development as a whole and its approximation to the current legal regulation. The third chapter deals with nullity and inefficacy under civil law, or...

This master's thesis deals with the civil action. A civil action denotes a pleading of the plaintiff to initiate a civil procedure. It represents a fundamental act based on the disposition principle of the party seeking protection of their private rights that they claim to be endangered or violated before a court of law. Thus, a civil action is a manifestation of the right to legal protection and in connection to that right, the obligation of the state is to ensure that all parties can enforce their rights in a stipulated way of actions before an independent and unbiased court of law. This master's thesis is divided in the following seven chapters: historical development, civil procedure, rules of civil procedures, actions, types of actions, disposition principles with complaints and the types of demanded outcomes of the plaintiffs. The contents of the first chapter are the historical development of civil actions. The chapter is divided into two parts. The first part is devoted to the Roman action, where the character and form of the action in Roman law are described and further the single types of actions that the Roman law had are outlined. The second part deals with the historical development of actions in the Czech lands, i.e. from the ancient times, through the period of absolutism until today....