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Civil Procedure Law

Civil Procedure Law. Civil Procedure Law. Branch of public law It regulates the civil procedure. Civil Procedure. Procedure of the court, participants and another procedural subjects It protects the subjective rights and interests These rights and interests arise from private law relations

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Civil Procedure Law

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  1. Civil Procedure Law

  2. Civil Procedure Law • Branch of public law • It regulates the civil procedure

  3. Civil Procedure • Procedure of the court, participants and another procedural subjects • It protects the subjective rights and interests • These rights and interests arise from private law relations • Civil Law, Family Law, Labour Law, Commercial Law

  4. Kinds of civil procedure • Civil legal proceeding • Contentious proceedings • Non-contentious proceedings • Execution procedure • Insolvency-procedure

  5. Sources of Civil Procedure Law • Act no. 99/1963 Coll., Civil Procedure Code • Act no. 292/2013 Coll., On special court proceedings • Act no. 6/2002 Coll., On the courts and the judges • Act No. 85/1996 Coll., On the advocacy • Act No. 358/1992 Coll., Notary Code • Act No. 120/2001 Coll., Executory Code

  6. Subjects of the Civil Procedure • Courts • Participants • Other subjects

  7. Courts in the Czech Republic • Justice in the Czech Republic • Civil • Criminal • Administrative • Constitutional

  8. Courts in the Czech Republic • District Courts (city court in Brno, circuit courts in Praha) • Civil, criminal • Regional Courts (city court in Praha) • Civil, criminal, administrative • Higher Courts (Praha, Olomouc) • Civil, criminal • Supreme Court (Brno) • Civil, criminal

  9. Courts in the Czech Republic • There exist also: • Supreme Administrative Court • Constitutional Court

  10. Procedural conditions • Competence • Jurisdiction

  11. Competence • § 7 CPC • Courts protect rights and interests that arise from private law relations • § 104 • If the court finds out its incompetency it has to dismiss a case

  12. Jurisdiction • Subject-matter • Territorial • Functional

  13. Subject-matter jurisdiction • Which court is competent to take a decision as a court of the first instance? • § 9 (1) – district courts • § 9 (2, 3) – exceptions – regional courts • Commercial cases • § 104a • If the court finds out its lack of jurisdiction it has to contact the Higher Court

  14. Territorial jurisdiction • Which court of subject-matter competent courts is competent to take a decision? • § 84 et sequentia • § 84 – general rule – court of defendant • § 87 – to choose • § 88 – exclusive – real property, children, etc.

  15. Territorial jurisdiction • § 105 • If the court finds out its territorial incompetency it has to assign the case to competent court • Exceptions from the rules

  16. Functional Competence • Which court is competent to take a decision in the remedial proceeding

  17. Participants • Accuser x Defendant • Applicant and every subject whose rights or duties may be affected by the decision • Applicant and every subject selected by the code

  18. Legal Capacity • Capacity to be a participant of the proceeding • Capacity to have procedural rights and procedural duties • Individuals • Legal entities • Procedural capacity • Capacity to act • Individuals • Legal entities

  19. Representation • § 22 – PCP – minors have to be represented by their legal representative • § 24 et sequentia – power to advocate, notary, general mandatory • § 29 et sequentia – incapable persons, missing persons etc. • guardians

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