JUDr. Anna Márová, LLM Civil Law Civil Procedural Law, Dispute Resolution April 16, 2013 BA_CBL summer semester 2013 Vysoká škola finanční a správní, o.p.s.

Negotiation Collaborative Law MediationArbitrationCourt

two-instance court system i.e. lower and appeal court system district court regional court or regional court higher 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 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 provisions pre – trial actions of the court first instance proceedings remedies administrative justice enforcement other 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. 81 minors, detention in the medical establishment, custody, declaration of death, proceedings on legal capacity, inheritance proceedings, if the marriage exists or not Entitlements

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 Petition Requisites

vigilantibus iura scripta sunt – rights belong to watchful Directive of the European parliament and Council 2011/7/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 Union 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 courts par. 4 - misleading names sec. 23 amendment of a termination – nowadays by delivery of the decision and 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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Thank you for your attention Next Lecture – Inheritance