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Doherty, Paula. "Resolving 'edge of care' proceedings cases: getting by and tipping points." Thesis, Lancaster University, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.646024.
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Grobecker, Reeve. "The Effect of Shifting Cases from District Courts to Administrative Proceedings at the Securities and Exchange Commission." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2274.
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Using a set of 4708 observations, we analyze the impact of Dodd-Frank on shifting cases from federal courts to administrative courts. Overall, we find that there is a higher probability of a case being an administrative proceeding post Dodd-Frank. In addition, we find a higher average total payment for administrative proceedings post Dodd-Frank, and a lower average total payment for federal court cases post Dodd-Frank. We also find a higher average disgorgement payment for administrative proceedings post Dodd-Frank. While this finding could be the result of the SEC shifting more complex and thus higher paying cases from federal courts to its own, we find that the SEC is not shifting cases strictly away from federal courts that have the highest average payments. Higher average disgorgement payments are simply the result of the SEC litigating more cases with higher average payments in general. Lastly, we find a higher probability of settling for administrative proceedings overall. However, settlement rates for administrative proceedings decrease post Dodd-Frank. This finding reflects an overall decrease in the SEC’s “home court” advantage and undermines the argument that the SEC is shifting weaker cases to its own courts.
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Mangezi, Mutsa. "International law before municipal courts: the role of International Court of Justice decisions in domestic court proceedings with specific reference to United States case examples." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1007325.
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In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.
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Genis, Marina. "A content analysis of forensic psychological reports written for sentencing proceedings in criminal court cases in South Africa." Pretoria : [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-03302010-141420.
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Genis, Marina. "A content analysis of forensic psychological reports written for sentencing proceedings in criminal court cases in South Africa." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/23628.
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Since the 1970s there has been a rising trend in South Africa for legal professionals to use the services of psychologists in legal proceedings. Psychologists have therefore increasingly started to appear as expert witnesses in court cases. Despite this, the field of forensic psychology in South Africa has yet to be defined and delineated. Currently there are no set guidelines or regulations regarding who is qualified to do forensic work, and no standards against which this work can be measured. Psychology in the courtroom has begun to receive a notorious reputation as a result of this. The Professional Board for Psychology (PBP) of the Health Professions Council of South Africa (HPCSA) is investigating the creation of a new category of registration, that of Forensic Psychologist, partly in an effort to manage and address this problem. However, to date little, if any, research has been conducted on the scope of the work presented to the courts by psychologists appearing as expert witnesses. This research aimed to address this gap by analysing a sample of forensic psychological reports. The following aspects were investigated: <ul><li>Who (category or registration, length of registration, etc.) is doing sentencing reports;</li> <li>How (interviews, collateral information, psychometric tests, etc.) these reports are compiled; and</li> <li>Whether these reports measure up to professional expectations as well as adhere to the guidelines of the HPCSA.</li></ul> It is clear from the results of this research that some of the psychologists doing forensic assessments and writing reports do so in an idiosyncratic way. Besides the fact that no uniformity exists, forensic work is sometimes done by psychologists who are not qualified to do so in terms of their registration category and thus their scope of practice. The reports analysed did not always measure up to guidelines or professional standards from abroad (in lieu of local standards or guidelines for reports) and/or transgressions were made in terms of HPCSA policies and guidelines. This situation is understandable in the light of two shortfalls in this field, namely training and regulation. The following recommendations can be made on the basis of this study: <ul><li>That psychologists who are adequately trained and have the proven experience in forensic work, be accredited by the PBP;</li> <li>That guidelines and standards for forensic work be drawn up by the PBP; in addition, that more complete ethical guidelines than those contained in chapter 7 of the PBP’s Rules of Conduct Pertaining Specifically to Psychology also be drawn up;</li> <li>That adequate training at MA level in basic forensic issues be made compulsory, with the option of advanced training for those wishing to specialise in the field; and</li> <li>That lawyers be trained in basic concepts of psychology so as to allow for better selection of an appropriate psychologist to assist them and also to assure effective cross-examination regarding psychological issues in court.</li></ul> If these recommendations were implemented, they could aid in regulating the field, thus producing forensic work of a consistently high quality. This will hopefully help to narrow the gap between the expected and actual interaction between law and psychology. Copyright<br>Dissertation (MA)--University of Pretoria, 2010.<br>Psychology<br>unrestricted
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Olofsson, Sara. "Concurrent jurisdiction and parallel investigations and criminal proceedings in cases of foreign bribery : With focus on global settlement agreements." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-295160.
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Saunders, Marilyn C. "Adolescent girls testifying in a criminal court in cases of sexual abuse or rape a narrative analysis /." Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-04292008-110951.
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Forrester, Kim, and n/a. "The Impact of Structural (Legislation and Policy), Professional and Process Factors on the Outcomes of Disciplinary Tribunals and Committees in Cases of Sexual Misconduct and Incompetent or Unsafe Practice." Griffith University. School of Nursing, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20040615.144659.
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This study was conducted in the context of the regulation of professional nursing and midwifery practice in the Australian health care system. In this environment, professional regulatory authorities established by State and Territory legislation in all jurisdictions, regulate and control the work of health professionals. In Queensland, registered nurses, enrolled nurses and midwives are regulated by the Queensland Nursing Council, the statutory body created by the Nursing Act 1992 (Qld). Part of the regulatory role of this and other authorities is to discipline professionals whose conduct or behaviour falls short of appropriate and acceptable standards of practice. All regulated health professionals, including nurses and midwives, are potentially subject to professional disciplinary action if a complaint is lodged in relation to their conduct. This being an important issue in the management and delivery of health care, and an increased trend among health care consumers, the dearth of existing research into the disciplinary process is a major concern. This exploratory study examined the disciplinary role of the Queensland Nursing Council in adhering to its legislative mandate to ensure safe and competent nursing practice. The study focused on the extent to which structural (legislation and policy), professional, and process factors impacted on the outcomes of disciplinary Tribunals and Committees in cases of incompetent or unsafe practice and sexual misconduct. The study was situated within the interpretive paradigm using a case study approach. Specifically, it investigated cases of sexual misconduct by nurses and unsafe or incompetent practice by midwives. The study was guided by Donabedian's conceptual framework of structure-process-outcome. This framework was seen to be most suited to the aims of the study and provided a template for in-depth analysis of the data emerging from the two cases. The findings of this study provided insight into the factors underpinning the decisions of the disciplinary bodies in making determinations and formulating outcomes. There was found to be a lack of consistency and predictability in both the legislative frameworks and the interpretation of terms and concepts used to identify conduct warranting a disciplinary response from regulatory authorities. Although the processes of disciplinary proceedings are prescribed by both legislation and policy, their practical application was characterised by considerable challenges, which resulted in varying outcomes. The thesis reports this information so that it can be used as an initial basis to build a body of knowledge from practical experience with disciplinary proceedings that will inform future processes. Subsequent case studies in other contexts and systems will increase the level of knowledge available to nurses, other health care providers, health care institutions and regulatory authorities. The initial base of evidence suggests implications for practice, education and further research which are outlined in the final chapter of the thesis.
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Samuelson, Jan. "Den svenska ersättningsmodellen för rättegångskostnader i skattemål i ljuset av rätten till rättvis rättegång." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-157185.
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Access to justice and the right to a fair trial are basic human rights explicitly stipulated in the European Convention on Human Rights (ECHR) as well as in the Swedish constitution. The fundamental meaning of these rights is that everyone should have an effective option for bringing their case to a court governed by the rule of law. Counsel fees and other process-costs may constitute a significant barrier to entry for an individual bringing his or her case to the court. Consequently, such cost-related barriers may deprive individuals of their right to a fair trial in practice. This fact is recognised in many legislations through legal aid provisions, reimbursement rules or similar mechanisms with the common purpose of eliminating, or at least lowering, the cost-barrier in question for the individual. Tax cases are often complex, and the average taxpayer would typically need to obtain legal counsel to vindicate his or her rights in a dispute with the tax authority. The taxpayer’s costs for such vindication may consequently be high. Swedish legislation stipulates that such costs under certain circumstances can be reimbursed by the state. In practice, however, the taxpayer seldom gets reimbursed for the full cost or even the majority of the cost, regardless of the outcome of the case. Even if the taxpayer wins the court case against the tax authority, it is not unusual that the taxpayer gets no reimbursement at all. This thesis analyses the Swedish reimbursement model for process-costs in tax cases and how it relates to the right to a fair trial. The question is whether the relevant legislation, and/or the courts’ application of it, risks being in breach of the ECHR’s and/or the Swedish constitution’s stipulated right to a fair trial. This thesis argues that it does; not as a result of the legislation itself, but because of the courts’ application of it. The risk of violating the right to a fair trial correlates primarily with two factors. These are what are at stake for the taxpayer (typically the disputed tax amount) and the complexity of the legal issues involved in the case. Trigger points for when the respective factor comes into play from a human rights perspective are analysed and discussed in the thesis. When they do, the absence of real possibilities of reimbursement of process-costs in a given tax case may constitute an unacceptable barrier for the individual to access justice and get a fair trial.
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Kouchanou, Balbine Léa Modukpé. "Les rapports entre la justice étatique et la justice arbitrale : Etude comparative France-OHADA." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0011.
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L’arbitrage est un moyen de gestion de litige apprécié et privilégié par les acteurs du commerce international. Son bon fonctionnement dépend de la justice étatique. Ces deux appareils doivent entretenir un rapport tantôt fusionnel et tantôt concurrentiel. Le déroulement de cette relation peut réciproquement susciter des complications et de la méfiance. En France comme dans plusieurs autres États de l’Afrique subsaharienne, le juge étatique est le collaborateur de l’arbitre malgré l’envergure de leurs rapports. Ces États reconnaissent à la justice étatique son pouvoir explicite et implicite durant l’arbitrage. La présente recherche et étude aborde la mise en œuvre des compétences respectives attribuées à l’arbitre et au juge durant l’arbitrage. Afin d’accentuer et de pérenniser le bon déroulement de l’arbitrage en France et en Afrique francophone, cette étude s’est attardée sur la question de l’arbitrabilité et du développement économique. Après avoir énuméré des réalités freinant la floraison durable de l’arbitrage en Afrique, quelques solutions sont proposées pour le préserver de tout dysfonctionnement<br>Arbitration has been used to resolving cases appreciated by international trade actors. However, well-functioning depends upon state justice. Both devices should have maintain a fusional and competitive relationship. The unfolding of this relationship can reciprocally bring complications and mistrust. State judge is referee’s collaborator despite the spacing of reports in France and several other states in sub-Saharan Africa. These states recognize the explicit and implicit power of state justice during arbitration. This study approaches courts assigned to the arbitrator and judge during their challenge. In order to accentuate and sustain the smooth running of arbitration in France and Francophone Africa, this research has been focused on the issue of economic development. After listing realities hindering the flowering of arbitration in this part of Africa, some solutions have been proposed to preserve this method of dispute resolution of dysfunction
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Mai, Chih-Te, and 麥智德. "A Study Of Court Proceedings To Determine The Validity In Patent Infringement Cases." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/24610533016255365444.
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碩士<br>國立雲林科技大學<br>科技法律研究所<br>97<br>The Taiwanese Government is developing the intellectual property economy in recent years, and the whole world is earning profits from patents, trademarks, copyrights, trade secrets and all other intellectual property rights (IPR). Recently, the government around whole world is competing with each other for the surprising profits from the IPR, It is perceived that the IPR have become the key of promoting country''s industry and upgrading economic development. However, the intellectual property rights (IPR) are one kind immaterialguterrechet rights, our country’s classical law does not have entity and clear traditional law that make a reservation for it. Therefore, to ensure IPR still needs to be dependent on each country to perfect intact IPR legal system by oneself, especially the industrys paid attention to the procedure of contesting a lawsuit of IPR. The lawsuit procedure involving with IPR requires scientific and technological professional, and the general courts have difficulty to make a judge. The Intellectual Property Court Organization Act and the Intellectual Property Case Adjudication Act that have passed through the Legislature in 2007, and the first-ever intellectual property court (IPC) began operating July 1, 2008. The IPC is to launch into further strengthen the nation''s protection of intellectual property rights. The court is in charge of matters related to civil, criminal and administrative actions connected with IPR. The purpose of this research is to investigate the interference of the IPC Case Adjudication Act, and the relationship between the Intellectual Property Office (IPO) and IPC that will make the different system to determine arguments, both have difficult problems to resolve the contradiction and the interference. This study try to analyze the operation of two systems, to find the contradiction and to balance the social welfare. After the prior finding, this study compares the intellectual property litigation system of United States of America and the intellectual property litigation system of Japan. Based on the findings, some implications and applications are also proposed to be of help to improve intellectual property litigation system in Taiwan.
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Kouchanou, Balbine. "Les rapports entre la justice étatique et la justice arbitrale : Etude comparative France-OHADA." Thesis, 2019. http://www.theses.fr/2019PERP0011/document.
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L’arbitrage est un moyen de gestion de litige apprécié et privilégié par les acteurs du commerce international. Son bon fonctionnement dépend de la justice étatique. Ces deux appareils doivent entretenir un rapport tantôt fusionnel et tantôt concurrentiel. Le déroulement de cette relation peut réciproquement susciter des complications et de la méfiance. En France comme dans plusieurs autres États de l’Afrique subsaharienne, le juge étatique est le collaborateur de l’arbitre malgré l’envergure de leurs rapports. Ces États reconnaissent à la justice étatique son pouvoir explicite et implicite durant l’arbitrage. La présente recherche et étude aborde la mise en œuvre des compétences respectives attribuées à l’arbitre et au juge durant l’arbitrage. Afin d’accentuer et de pérenniser le bon déroulement de l’arbitrage en France et en Afrique francophone, cette étude s’est attardée sur la question de l’arbitrabilité et du développement économique. Après avoir énuméré des réalités freinant la floraison durable de l’arbitrage en Afrique, quelques solutions sont proposées pour le préserver de tout dysfonctionnement<br>Arbitration has been used to resolving cases appreciated by international trade actors. However, well-functioning depends upon state justice. Both devices should have maintain a fusional and competitive relationship. The unfolding of this relationship can reciprocally bring complications and mistrust. State judge is referee’s collaborator despite the spacing of reports in France and several other states in sub-Saharan Africa. These states recognize the explicit and implicit power of state justice during arbitration. This study approaches courts assigned to the arbitrator and judge during their challenge. In order to accentuate and sustain the smooth running of arbitration in France and Francophone Africa, this research has been focused on the issue of economic development. After listing realities hindering the flowering of arbitration in this part of Africa, some solutions have been proposed to preserve this method of dispute resolution of dysfunction
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Holanová, Linda. "Dokazování v civilním sporném řízení se zaměřením na zásadu projednací." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-397108.
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Evidence in civil contentious proceedings with regard to the accusatorial principle Abstract The goal of this master's thesis is to provide a comprehensive overview of the fundamental principle of civil contentious proceedings - the accusatorial principle, according to which the activities of process subjects are guided in the context of evidence. Under this principle, Czech courts look for facts to the extent claimed by parties because they have a decisive role in contentious proceedings. The parties to the proceedings develop the legal proceeding through their mutual adversarial activities and are responsible for establishing the facts, as the burden of proof and the burden of persuasion lays on them. The court has to make an objective and impartial decision on the basis of the gathered evidence in the civil litigation. If neither party is sufficiently active, they are at risk of an unsuccessful outcome of the litigation. However, the accusatorial principle is modified by law and other procedural principles. Exceptions are therefore allowed, and on their basis the court may intervene and provide their own additional evidence. The law allows it on the basis of two cumulative conditions - evidence must be necessary for establishing the facts and the basis for the taking evidence must be in the file. The...
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Zuska, Pavel. "Náhrada nákladů řízení v bagatelních sporech." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-337173.
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The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Vincík, David. "Problémy trestního soudnictví nad mládeží." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-392488.
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This diploma thesis The issues of juvenile criminal justice focuses on the area of juvenile criminal law which is a specific area of criminal law due to a necessity of a particular attitude towards youth. The legal regulation of the juvenile criminal law is incorporated particularly in ActNo. 218/2003 Coll. on the Responsibility of Juveniles for illegal Acts and on the Justice of Youth. Within the theme, the work seeks to capture especially the deviations that are special for the juvenile criminal law as opposed to the criminal law of adult offenders and to present a comprehensive overview of criminal justice over youth. The most extensive part of the thesis deals with the juvenile proceedings, attention is also paid to the substantive aspects of the juvenile criminal law and a considerable part discusses the proceedings in the affairs of children under fifteen. The introductory chapter defines the basic concepts as applied by the Act on the Justice of Youth, especiallyterminologically definesthose that are subject to special treatment. The following two chapters give an overview of the criminological aspects of juvenile delinquency and also outline the development of the legal regulation of juvenile justice in the Czech lands and present the form of the current legal regulation including its...
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Wolińska, Magdalena. "Znachorstwo - studium prawno-kryminalistyczne." Phd thesis, 2014. http://hdl.handle.net/11320/987.
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Wydział Prawa<br>Przedmiotem rozprawy doktorskiej zatytułowanej „Znachorstwo – studium prawno – kryminalistyczne”, jest zagadnienie dotyczące zdrowia człowieka ze szczególnym zwróceniem uwagi na zjawisko znachorstwa. Żyjemy w XXI wieku w związku z czym wydaje się, że znachorstwo jest pewnego rodzaju reliktem, że nie stanowi zagrożenia dla człowieka. Po głębszym zbadaniu i przeanalizowaniu omawianego zagadnienia bez wątpienia można dostrzec problem, gdyż okazuje się, że część społeczeństwa korzysta z metod stosowanych przez znachorów, uzdrowicieli, a także osób zajmujących się medycyną niekonwencjonalną. Praktyki znachorskie mają na celu oszukanie chorego i wyłudzenie od niego znacznych sum pieniężnych, a nie wyleczenie go. Pomimo takiego stanu rzeczy sprawy, w których występuje element znachorstwa stają się niezwykle rzadko przedmiotem postępowania przygotowawczego, a jeszcze rzadziej sądowego zakończonego prawomocnym wyrokiem skazującym.
Zasadniczym celem rozprawy doktorskiej jest: przedstawienie zjawiska współczesnego znachorstwa, podjęcie próby zbudowania definicji „znachor” oraz definicji „praktyki znachorskie”, przedstawienie analizy prawnej zjawiska znachorstwa w Polsce, a także w prawodawstwie wybranych krajów Europy; określenie przyczyn i popularności współczesnego znachorstwa, opracowanie kryminalistycznego modelu postępowania w sprawach o znachorstwo, przedstawienie i zbadanie metod profilaktycznych.
Podjęcie tego problemu i zbadanie go pod względem prawnym jest zasadne, gdyż tylko w sporadycznych, szczególnie drastycznych wypadkach, angażują się organy ścigania i wymiar sprawiedliwości.<br>The subject of the PhD thesis entitled " Witchcraft - legal studies - forensic science ", is the issue on human health with particular attention to the phenomenon of quackery . We live in the twenty-first century, therefore , it seems that quackery is a kind of relic that is not a threat to humans. After closer examination and analysis of the issue in question without a doubt, you can see the problem, because it turns out that part of the population uses the methods used by witch doctors, healers, as well as those dealing with unconventional medicine . Quack practices are designed to trick the patient and extortion from him large sums of money , not cure it. Despite this state of affairs cases in which there is an element of quackery become extremely rarely the subject of investigation, and even more rarely court terminated by a final judgment of conviction .
The main aim of the doctoral thesis is : to present the phenomenon of contemporary quackery, to try to build a definition of "quack" and the definition of "practice quack", present an analysis of the legal phenomenon of quackery in Poland, as well as the legislation of selected countries in Europe, to identify the causes and popularity of contemporary quackery, development of forensic model of conduct in cases of quackery, present and investigate methods of prevention.
Adopting this problem and examine it in legal terms is justified, because only in rare, particularly drastic cases involved law enforcement agencies and the judiciary .
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Chmelíková, Milena. "Výkon a rozhodnutí ve věcech rodinněprávních." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-369143.
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The issue of the enforcement of judgments in family cases is a topical issue in our society, since the various changes this legal area has recently experienced. The main change in the procedural field was the separation of so-called undisputed proceedings into a new Act on Special court proceedings, while the Civil Procedure Code remained a subsidiary act. This new Act also contains the sole regulation of the enforcement proceeding in cases relating to domestic violence and in cases of child custody, since these two areas are the most distinct from the enforcement of other pecuniary and non-pecuniary performance. In the first two chapters, the thesis focuses on the background of the enforcement proceedings as well as on its development, principles and functions. The second chapter ends with the outline of the enforcement in the Act on Special court proceedings. The third chapter deals with the enforcement of judgements in domestic violence cases, focusing particularly on the Police Eviction Instrument and the Special Preliminary ruling on the Protection against Domestic Violence. Their subsequent enforcement is then evaluated and analyzed. The fourth chapter focuses on the legal regulation of the child custody, with an emphasis on the comparison of the different modes of enforcing the decisions, as...
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Spáčilová, Jana. "Nesporná řízení ve věcech nezletilých dětí." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-337532.
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Uncontested proceedings in cases involving minors The aim of this thesis is to provide a comprehensive overview of non-contentious proceedings in cases involving minors with a defined focus on the adoption proceedings and court custody of minors. The purpose of my thesis is to analyse the area of international child abduction and the proceedings of that. Chapter One describes the contentious and non- contentious proceedings and distinction between that with an overview of non-contentious proceedings in cases involving minors and their distribution. For the purpose of this text, non- contentious proceedings in cases involving minors are divided into two subdivisions, namely the adoption proceedings and court custody of minors. Chapter Two concentrates on court custody of minors. Chapter Three focuses on the international child abduction, which is selected from court custody of minors. New substantive law was the cause of creation of the new system of procedural law, which shows a certain degree of shortcomings regarding the procedure for the adoption of an full age. The issue of international child abduction and proceedings of that is regulated by Czech and supranational law. All these regulations have common several principles which are important for all the proceedings in the court custody of...
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Brhlíková, Pavla. "Výkon rozhodnutí ve věcech rodinněprávních." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-389248.
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The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...