The diploma thesis deals with the institute of compulsory representation in a civil dispute. That is, a situation where the parties to such a dispute must be represented by an attorney-at- law. The diploma thesis provides a comprehensive review of this institute and its regulation de lege lata including excursions to the regulation of compulsory representation outside civil procedure. It further compares it to the historical regulation of compulsory representation in the territory of present Czech Republic and with foreign legislation as well, specifically with the regulation of compulsory representation in Austrian, German and Slovak procedural codes. The diploma thesis emphasizes the regulation of mandatory representation de lege ferenda. Aside from considering individual aspects of possible future regulation and the general benefit or, on the other hand, the disadvantages of introducing compulsory representation, it compares it both to the draft Act on collective proceeding and to the Substantive Intent of the Civil Procedure Code. Although one of the proposals is already under legislative process (as of the date of concluding the manuscript of this diploma thesis) and the other is more of a set of basic theses for further discussion, both proposals introduce mandatory representation into Czech civil...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:453032 |
| Date | January 2021 |
| Creators | Fořt, Jaroslav |
| Contributors | Macková, Alena, Pohl, Tomáš |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
Page generated in 0.2185 seconds