Changes in persons of parties to civil proceedings in contentious civil proceedings Abstract The subject of thesis' research are changes, which can occur in persons of parties to civil proceedings in contentious civil proceedings. The main focus is therefore naturally concentrated on contentious civil proceedings, nevertheless, there are some passages about uncontentious civil proceedings incorporated into the theses. The reason why is that both proceedings belong to the same category of civil proceedings, original proceedings. They show in certain ways the same features, but it is necessary to clearly define and distinguish them because of their different purpose. The thesis' aim is to entirely cover changes in persons of parties to civil proceedings in contentious civil proceedings. Because of that there is an effective law arrangement described and critically evaluated in thesis, there are also some defects and suggested legislative changes de lege ferenda pointed out. The other subject of research is also case-law of domestic courts related to this issue. On the one hand, there is pointed out in some places on its conclucions, on the other hand, the case-law conclusions are sometimes subjects of criticism. Because the theses is mainly related to parties to civil proceedings, the first part of thesis...

Costs of civil proceedings Abstract The diploma thesis addresses the issue of costs of civil proceedings. The aim of the thesis is to provide a basic introduction to the issue of the costs of the proceedings and subsequently, on the basis of the knowledge gained in this way, to examine aspects that the legislation on the costs of civil proceedings. The diploma thesis also contains a short comparison of selected differences between Czech and Slovak legislation on the costs of civil proceedings. The first chapter defines the specific costs of civil proceedings. The chapter is divided into 7 sub-chapters, which deal in more detail with the individual costs of civil proceedings, as they are stated in the provision of Section 137 of the Czech Civil Procedure Code. The costs of civil proceedings are the costs incurred in the connection with legal proceedings as a result of the application of the subjective right of the party. An essential factor of the costs of civil proceedings is also a matter of effectiveness. The first chapter is focused mostly on the legislation of the court fees and the reward for legal representation. Chapters 2 and 3 cover the issue of payment and reimbursement of costs of civil proceedings. In the chapter on payment of costs of civil proceedings, the author deals, among other things,...

Types of civil proceedings written by Viktória Chromčíková Abstract This thesis deals with kinds of civil proceedings which have developed for protection of rights in private law sphere. Courts are the authorities that provide protection for rights. In civil proceeding they judge disputes in private law and other issues provided by special acts. There are several kinds of civil proceedings that have developed in time. The history of civil proceeding is described in the first chapter of this work. In the other chapters there are particular kinds of civil proceedings existing according to the present Czech law analyzed. Adversary proceedings resolve the usual dispute of two parties which obtains all that it takes - proceeding is initiated by a petition against a certain person. There must be a hearing held in the case where the both parties are heard (they have the same opportunity). Opposite to this procedure there are proceedings where there is no dispute in the case, but the decision of a court is obliged according to a special act. There is a special public interest on this judgment (decision). Therefore this kind of proceeding can be initiated in official duty and principle of investigation is applied. Execution is initiated only in private interest and is complied with different principles than the...

The topic of my thesis is evidence in civil proceedings. I chose this topic, because evidence is one of the basic parts of the civil procedure and it has a direct influence on court's decision in the matter. The court decides in the matter on the ground of factual findings, which gets within the evidence procedure. That is why the knowledge of evidence procedure is important for practice. The aim of the thesis is to analyse fundamental issues of evidence in civil proceedings and compare theoretical knowledge with judicature of the courts, especially of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis especially focuses on the issue, how the form of evidence procedure is influenced by principles of civil proceeding. The thesis is composed of seven chapters. Chapter One is Introduction and Chapter Seven is Conclusion. The rest of chapters deals with different aspects of evidence in civil proceedings. Chapter Two deals with basic issues of evidence in civil proceedings. The chapter is subdivided into four parts. Part One defines the basic terms. Part Two describes, which facts are the subject of evidence and which facts are not. Part Three deals with the institutes, which facilitates the evidence in civil proceedings. These institutes are legal...

The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...

As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...

1 ABSTRACT Procedural requirements of civil proceedings My thesis deals with the issues of procedural requirements of civil proceedings, that are sometimes termed also as requirements of proceedings. This term refers to the legal institute, that creates the legal framework for realization of the right to the judicial protection, because the fulfillment of these statutory requirements is one of the fundamental assumptions for hearing of the case and for the issuance of decision in the civil proceedings. Systematically my work is divided into two parts, namely into the general part and the special part. These two parts in total consists of seven chapters. Particular chapters are subsequently divided into the subchapters and each of them into the sections. While the general part consisting of the first three chapters concerns with the general view on the issues of procedural requirements, remaining four chapters of the special part deal with the particular procedural requirements in more detail. The first chapter aims to define as precisely as possible the term of procedural requirements and also potential discrepancies in its interpretation. It involves also the fundamental classification of procedural requirements. Chapter no. 2 analyses the research of procedural requirements, that occurs at any time during...

The thesis deals with legal regulation of participation in contentious proceedings. Procedural subjects are one of the definitional elements of the civil proceedings; they are mainly the court and parties to proceedings. Therefore, legal regulation of parties to proceedings is an important component of law of civil procedure. The thesis depicts the present legal regulation of participation in contentious proceedings, evaluates its suitability and proposes appropriate changes with regard to clarity, unambiguity and fulfilment of the right to a fair trial. It includes description and analysis of the effective legal regulation, examines main problems, compares interpretation and opinions in professional literature and also deals with the court interpretation of relevant legal regulation. Moreover, a partial aim of the thesis is to depict the reflection of the new civil code in the procedural regulation and to evaluate whether such reflection is optimal. The thesis is divided into eight chapters which deal with the component topics. The first chapter deals with general matters of parties to contentious proceedings including material and procedural standing and the principle of equality. The second chapter concerns prerequisites for participation in proceedings, thus analyses capacity to sue and to be...

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...

Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...