JUDr. Anna Márová, LLM

Civil Law

Civil Procedural Law, Dispute ResolutionApril 16, 2013

BA_CBL summer semester 2013Vysoká škola finanční a správní, o.p.s.

Negotiation Collaborative Law Mediation Arbitration Court

two-instance court system i.e. lower and appeal court systemdistrict courtregional courtorregional courthigher court (Praha, Olomouc)

civil x criminal x asministrative proceedings

Court System

Supreme Court extraordiary appeal highest judicial authority in matters falling within the competence of courts

Supreme Administrative Court highest judicial authority in matters falling within the competence of administrative courts

Constitutional Court protection of constitutionalism, and its status and powers are enshrined directly in the Constitution

Court System

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 Procedural Law

general provisionspre – trial actions of the courtfirst instance proceedingsremediesadministrative justiceenforcementother activities of the court

Code Contents

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.

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 of civil proceedings of their procedural rights and duties

Basic Provisions sec. 3-5 o.s.ř.

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

da mihi factum, dabo tibi ius give me facts, I shall give you rights

Basic Provisions sec. 6 o.s.ř.

• local jurisdiction (forum)a two tier judical system

• jurisdiction according of a subject matter

• special jurisdiction sec. 88

Jurisdiction

• to be sued• to sue courts without petition – sec. 81minors, detention in the medicalestablishment, custody, declaration of death,proceedings on legal capacity, inheritanceproceedings, if the marriage exists or not

Entitlements

sec. 42/4 • court indication• case description• aim of the petition• signature, datesec. 79 name, surname of parties/ company nameaddress, etc. evidence indication

Petition Requisites

vigilantibus iura scripta sunt – rights belong to watchful

Directive of the European parliament and Council2011/7/EU from February 16th 2011 on combating

late payment in commercial transactions (substituted 2000/35/ES from June 29th 2000)

Official journal of the European Unionwww.eur-lex.europa.eu

Golden Rule and Directive

• Negotiation

• Mediation – act no. 202/2012 Coll.

• Collaborative law

• Arbitration – act no. 216/1994 Coll.

Alternative Dispute Resolutions

always on a petition

in monetary disputes

international execution

amendment as of April 1 st, 2012, 466/2011 Coll.

a new rule of a „person without an entry in the

criminal register“– impact as per sec. 31 lett. c)

Arbitration

• sec.13 - permanent arbitration courtspar. 4 - misleading names

• sec. 23 amendment of a termination – nowadays by delivery of the decisionand its legal force

Arbitration

• sec. 19 par. 4 - obligation to enclose rules • UNCITRAL, Wien Chamber

in the Czech Republic seen as ad hoc - international shame and breach of international rules

Arbitration

• 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

• sec. 32 par.1 – consumer case within 3 months

• sec. 32 odst. 4 – breach of execution• sec. 34 odst. 3 – notification to ministry

The Czech regulation goes over the European

Arbitration

• 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

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Collaborative Law

Thank you for your attention Next Lecture – Inheritance