1 Abstract The aim of this thesis is an integral organization of the incidental disputes that may arise in the execution proceeding, a description of their nature, an outline of their purpose and characterization of important features. The result of my efforts should be a structured and comprehensive overview of the incidental disputes. The approach, which I used in order to achieve the marked objective, rests in the creating of the basic description of individual incidental disputes, in the analysis of their elements and in the comparison of different concepts. Apart form the introduction and conclusion the thesis contains a total of two chapters, which are further divided into subchapters and parts. The first chapter contains altogether four subchapters and the second chapter contains six subchapters. The first chapter discusses the execution proceeding and the incidental disputes in general. First of all, the thesis begins with the first subchapter with a brief outline of the history of execution proceeding along with the lay out of the first occurrences of the various institutes of incidental actions. Subsequently, in the second subchapter the execution proceeding is conceptually defined in accordance with the state of today's jurisprudence. The third subchapter, that deals with the main principles on...

The aim of my thesis is to analyse the limits of arbitrability of labour disputes in Czech Republic and to describe Austrian labour-arbitration law. Subsequently I would like to focus on possible solutions of problems linked with arbitrability of labour disputes in Czech Republic. The reason for this study is my interest in both Czech and international arbitration. There is only a few papers which deals with arbitrability of labour disputes in Czech Republic although it is in my opinion very interesting and controversial topic. In connection with changes, introduced by the new Civil Code on 1st of January 2014, the Czech civil law is much more similar to the German and Austrian civil law than it was before. Due to this fact I focus on Austrian arbitration act, which could be important source of knowledge for amendments to Czech arbitration act. The thesis is composed of eight main chapters. The first chapter discusses arbitration in general. The second and third chapter describes alternative dispute resolutions and some other types of out-of-court settlements of both collective and individual labour disputes in Czech Republic. Chapter four explains arbitration and alternative resolution of labour disputes under German and Austrian acts. Chapter five provides an outline of relevant Czech case law. This...

The purpose of this thesis named 'Civil procedure in continental law and the Anglo- American legal system' is to provide an overview of the regulation of civil procedure in both mentioned systems, to compare them, highlight the most significant differences between them, and give the information about their convergence on international, mainly European level. The reason for the choice of this topic was my interest in the field of Civil Procedure, but also my belief in the benefit of comparisons of various legal orders in favour of improving them. Because of the on-going process of introducing uniform arrangements of some institutes of civil procedure on the European level, it is undoubtedly useful to compare national legislations in some respective countries. The research is based on study of legislation in Czech Republic and Germany as representatives of the continental system and in particular England and Wales as representatives of the Anglo-Saxon system. A shorter chapter is also devoted to U.S. law. There are aims of the thesis, methods of research and brief structure described in the introduction. The second chapter deals with the explanation of basics concepts necessary for proper understanding of the research. The third chapter is devoted to brief sketch of the history of civil procedure in...

The title: The notary and civil procedure The aim of the thesis is to map the activity of notaries in the legal order of the Czech Republic, which is considered to be very specific by public. The thesis focuses on the relationship of the notary and the civil procedure. It deals with the role of the notary in the civil procedure. The thesis is divided into six chapters. The first one describes the history of a notary public and the assumptions for notarial activity and for its commencement are also clarified. Part of this chapter deals with the basic features of the notarial profession, such as the impartiality and independence of notaries, the principles of which notary public is controlled, and notarial career. The second chapter of the thesis focuses on the relation between a notary and civil procedure, which can be defined as process of the court and the participants in order to provide the protection of subjective rights and obligations. One of the areas, where the role of the notary is reflected is legal assistance. The third chapter concerns with the provision of the legal assistance by the notary. The notary may act as a representative of the party and then has the status of a lawyer. The term legal assistance refers to representation in the proceedings before courts and other authorities,...

The theme of my thesis is to compare legal regulations of two fundamental institutions used for compulsory fulfilment of obligations. It comprises the execution of a decision pursuant to Part Six of Act No. 99/1963 Coll. Civil Procedure Code, and the execution pursuant to Act No. 120/2001 Coll. On Executors and Execution Proceedings. The purpose of the thesis is to compare the fundamental legislation with emphasis on their differences and investigating the advantages and disadvantages of both procedures. This is a hot issue, particularly with regard to the forthcoming amendments to both institutions. The work focuses on the legal regulation in force, but it also offers a comparison with the amendment mentioned above, which is going through the legislative process in Parliament of the Czech Republic at the time of preparing this thesis. The thesis is divided into eleven chapters. The first chapter gives an introduction to the problems of both proceedings and presents the fundamental legal regulation and their mutual relationship. The next two chapters deal with the position of an executor in execution processes and the role of a court in the execution of both decisions and executions. Chapters four to ten deal with the individual phases in the two proceedings. It is especially the alteration to...

Electronic payment order in civil procedure Abstract Electronic payment order is introduced into the Czech legal system by the amendment of the Civil Judicial Procedure Rules no. 123/2008 Sb. implementing a new institution within the payment order procedure. Electronic payment order is presented as an institution able to help the Czech judiciary system within the shortened civil procedure by the application of the computerization of civil procedure. I decided to begin my thesis with a chapter trying to clarify the role of electronic payment order within the frame of the computerization of justice. I provided a brief account of the development and contemporary trends related to the computerization of justice and I approached the individual institutions which I regarded as appropriate to mention in order to understand the given institution within the whole context. The third chapter deals with reasons for which the institution was implemented into the Czech legal system. I carried out a detail analysis of the explanatory report to the Act introducing the institution of electronic payment order and I made an effort to outline the main reasons for the amendment and to arrange the objectives intended to be achieved by the implementation of the new institution. The third chapter focuses on the institution of the...

The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings The purpose of my thesis is to analyse the principle of arbitrary order and its role in recent civil-procedure legislation both in the Czech Republic and abroad. The reason for my research is the incessant discussion of experts and the continuing need for amendment of the Civil Procedure Code to ensure a balance between examination of facts and reasonable time of hearing. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis, especially the fundamental principles of civil procedure and principles of procedural order. Chapter Two describes historical development of arbitrary order in our country from the Austro-Hungarian Empire. Chapter Three is subdivided into three parts. Part One highlights the most important international-law and constitutional grounds for the current order of the proceedings. Part Two and Three looks at amendments which brought substantial changes to the principle of arbitrary order after 2000. Chapter Four is focused on today's legislation and problems resulting from its ambiguous interpretation. Chapter Five provides a view of foreign legislation and its approach to the selected topic. The chosen jurisdictions are Austria, Germany and...

The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...

The diploma thesis deals with the current legislation of a payment order procedure. It is focused on issues for which legislation does not have an explicit answer. The thesis in particular with the help of generalized conclusions from more significant court decisions tries to find solutions for situations that occur more or less often during the payment order procedure, but are not dealt with uniformly in the practice of lower courts. The existing legislation is also compared with a possible future modification in the new civil procedure code. At first, the concept of the payment order procedure and its basic principles are defined. Furthermore, the importance of this form of procedure for the current Czech judiciary is evaluated, as it helps to speed up and simplify activities of judiciary. This is also achieved by involving court emloyees in decision-making acitivity, whose specifics are also described by the thesis. The following sections are focused on a payment order, an electronic payment order, a payment order under a bill of exchange or a cheque and a European order of payment. The conditions for issuing a given type of decision, its content and the defense options of the defendant are always interpreted. The differences between each sub-type of payment order procedure from general civil proceedings...

A motivação para o presente trabalho surgiu em meio a um caso concreto, quando, na busca por meios alternativos aos exclusivamente judiciais, ágeis e eficazes para a apreensão de uma prova que se encontrava na iminência de desaparecer, nos deparamos com a opção da ata notarial, e a utilizamos como forma de manutenção da situação fática, caso a tutela jurisdicional em medida cautelar de antecipação de provas proposta não fosse tão rápida quanto a ação do tempo na prova que se pretendia produzir. Ao propor a análise do valor probatório da ata notarial no processo civil, primeiramente, buscamos nos familiarizar com o instituto objeto do estudo, analisando a legislação que o autoriza, quais as características dos profissionais que o elaboram, no que ele consiste e como é feito, estudando seus aspectos históricos, seu objeto, forma, espécies e sua eficácia. No segundo capítulo, a aproximação realizada é com o sistema probatório nacional, com o intuito de responder como é o sistema probatório brasileiro, verificando seu conceito, suas fontes e meios, seus princípios e procedimentos, e como podemos localizar a ata notarial dentro desse sistema. No capítulo final analisamos, enfim, a forma como o instrumento da ata notarial pode ser utilizado dentro do processo civil, buscando compreender qual o seu valor probatório e sua utilidade para a resolução de conflitos e para a solução da lide. / The motivation for this paper came in the middle of a civil case, when, in search for agile and effective alternative means for seizure of evidence, other than exclusively judicial, we found the ata notarial, and used it as a way to maintaining factual situation, if the judicial injunction in anticipation of proposed evidence was not as fast as the action of time on the evidence that was intended to produce. In proposing the study of the probative value of the ata notarial in civil procedure, first, we seek to familiarize ourselves with the institute under study, analyzing legislation that authorizes it, the characteristics of professionals who prepare it, as well as how it is done, studying its historical aspects, its object, shape, species and their effectiveness. In the second chapter, the approach is performed with Brazilian´s system of evidence, in order to verify its concept, its sources and means, its principles and procedures, and how can we find the ata notarial within that system. In the final chapter, we analyze, finally, how the instrument of ata notarial can be used within the civil cases, seeking to understand what its probative value and its usefulness for solving conflicts and to resolve the case.