Presentation Transcript

1. JUDr. Anna Márová, LLM Civil Law Civil ProceduralLaw, DisputeResolution April 16, 2013 BA_CBL summersemester 2013 Vysoká škola finanční a správní, o.p.s.
2. two-instance court system i.e. lower and appeal courtsystem district court regional court or regional court higher court (Praha, Olomouc) civil x criminal x asministrativeproceedings Court System
3. Supreme Courtextraordiaryappeal highest judicial authority in matters falling within the competence of courts Supreme Administrative Courthighest judicial authority in matters falling within the competence of administrative courts Constitutional Courtprotection of constitutionalism, and its status and powers are enshrined directly in the Constitution Court System
4. act no. 99/1963 Coll.,Civil Procedure Code, as amended abbr. o.s.ř. 5 amendments from 1964 to November 1989 93 amendments from 1990 till today regulates procedure of court and its participants in the civil procedure to ensure: just protection of the rights and legitimate interests of the parties promotion of the compliance with law, fulfillment of duties and respect for the rights of other citizens Civil ProceduralLaw
5. general provisions pre – trial actions of the court first instance proceedings remedies administrative justice enforcement other activities of the court CodeContents
6. Civil courts hear and decide: disputes and other legal matters enforcement generally prevent violations: of the rights and legally protected interests of natural and legal persons abuse of rights to the detriment of such persons Basic Provisions sec. 2 o.s.ř.
7. civil proceedings: one of guarantees of lawfulness contributes to its strenghtening and promotion every person has the right to seek judicial protection of his right that has been threatened or violated courts shall inform the parties ofcivil proceedings of their procedural rights and duties Basic Provisions sec. 3-5 o.s.ř.
8. the court shall conduct proceedings in co-operation with all the parties with a view to ensuring: expedient and effective protection of rights reliably establishing contentious facts damihi factum, dabotibiius give me facts, I shall give you rights Basic Provisions sec. 6 o.s.ř.
9. local jurisdiction (forum) a two tier judical system jurisdiction according of a subject matter special jurisdiction sec. 88 Jurisdiction
10. to besued to sue courtswithoutpetition– sec. 81 minors, detention in themedical establishment, custody, declarationofdeath, proceedings on legalcapacity, inheritance proceedings, ifthemarriageexistsor not Entitlements
11. sec. 42/4 court indication case description aim of the petition signature, date sec. 79 name, surname of parties/ company name address, etc. evidence indication PetitionRequisites
12. vigilantibusiurascriptasunt – rightsbelong to watchful DirectiveoftheEuropeanparliamentandCouncil 2011/7/EU fromFebruary 16th 2011 on combatinglatepayment in commercialtransactions(substituted 2000/35/ES from June 29th 2000) OfficialjournaloftheEuropean Union www.eur-lex.europa.eu Golden Rule andDirective
13. Negotiation Mediation – act no. 202/2012 Coll. Collaborativelaw Arbitration – act no. 216/1994 Coll. AlternativeDisputeResolutions
14. always on a petition in monetarydisputes internationalexecution amendment as ofApril 1 st, 2012, 466/2011 Coll. a new rule of a „person withoutanentry in thecriminalregister“– impact as per sec. 31 lett. c) Arbitration
15. sec.13 - permanent arbitration courts par. 4 - misleading names sec. 23 amendment of a termination – nowadays by delivery of the decision anditslegalforce Arbitration
16. sec. 19 par. 4 - obligation to encloserules UNCITRAL, WienChamber in theCzechRepublicseen as ad hoc - internationalshameandbreachofinternationalrules Arbitration
17. Consumers contracts Arbiters from the list Msp only –383 registered Requisits of clause web www. Justice.cz „Vzor“ specimen of the arbitration clause internet clauses – independent click Arbitration
18. sec. 32 par.1 – consumer case within 3 months sec. 32 odst. 4 – breachofexecution sec. 34 odst. 3 – notification to ministry TheCzechregulationgoesovertheEuropean Arbitration
19. without petition, less formal saves time, money, relations enables parties to be a manager of their own issues less problems with the execution concerns interests of parties not their position Mediation
20. Facebook picture CollaborativeLaw
21. Thankyouforyourattention NextLecture – Inheritance