Course detail
Civil procedural law
FP-UcppPAcad. year: 2017/2018
The course focuses on civil procedural law, especially on proceedings under the Rules of Civil Procedure, the Arbitration Act, the Enforcement Regulations and the Insolvency Act: courts and parties, court actions before proceedings commence, the course of first degree court proceedings, evidence, costs, types of judicial decision, legal remedies, enforcement of judgement under the Rules of Civil Procedure and execution according to the Enforcement Order; arbitration proceedings; insolvency proceedings – bankruptcy, insolvency administrator, creditors and creditor institutions, debt relief, reorganisation, bankruptcy.
Language of instruction
Czech
Number of ECTS credits
4
Mode of study
Not applicable.
Guarantor
Department
Learning outcomes of the course unit
Knowledge: Students will know the basic rules of civil procedural law including the applications of claims in insolvency proceedings. Students will be familiarised with legal terminology, with the powers and jurisdiction of the civil courts, with the course of court proceedings, with legal remedies against court decisions, with arbitration proceedings and with forced power of decision in accordance with the Rules of Civil Procedure and execution in enforcement proceedings.
Skills: Students will learn legal terminology and will know how to work with the wording of the law. Students will be able to evaluate the situation of a debtor and in relation to this to decide on the optimum method of recovery.
Abilities: Students gain knowledge to a sufficient extent that they can enforce their rights in court proceedings, draw up an action, consider whether it can carry the burden of proof and assess the cost of court proceedings. They will be able to seek enforcement of a decision or execution. In the context of insolvency proceedings they will be able to assess the appropriate way of resolving insolvency and enforce application of the receivable.
Skills: Students will learn legal terminology and will know how to work with the wording of the law. Students will be able to evaluate the situation of a debtor and in relation to this to decide on the optimum method of recovery.
Abilities: Students gain knowledge to a sufficient extent that they can enforce their rights in court proceedings, draw up an action, consider whether it can carry the burden of proof and assess the cost of court proceedings. They will be able to seek enforcement of a decision or execution. In the context of insolvency proceedings they will be able to assess the appropriate way of resolving insolvency and enforce application of the receivable.
Prerequisites
A general overview to the extent of secondary school knowledge, a knowledge of civil and labour law (particularly limitations, receivables, ensuring and reaffirmation of debt) and the regulation of business corporations (acting on behalf of a businessman).
Co-requisites
Not applicable.
Planned learning activities and teaching methods
The teaching takes place in the form of optional two-hour lectures in each week of teaching. The lectures contain a description of the basic concepts and illustrative examples from experience.
Assesment methods and criteria linked to learning outcomes
No credit is awarded.
The examination is only in writing. The written examination is made up of questions, some of which are closed (tests with a choice of answers where more than one can be correct), and some open. The examination takes 35 minutes. Documents on legislation cannot be used. The examination is classified according to the ECTS scale. Incorrect replies or illegible responses are evaluated as unsatisfactory (zero points).
Knowledge of the material covered is tested. Classification takes place in accordance with the provisions of VUT and the Faculty of Business and Management.
The examination is only in writing. The written examination is made up of questions, some of which are closed (tests with a choice of answers where more than one can be correct), and some open. The examination takes 35 minutes. Documents on legislation cannot be used. The examination is classified according to the ECTS scale. Incorrect replies or illegible responses are evaluated as unsatisfactory (zero points).
Knowledge of the material covered is tested. Classification takes place in accordance with the provisions of VUT and the Faculty of Business and Management.
Course curriculum
1. Civil procedural law – concepts, principles, sources
2. Court system, powers and jurisdiction of courts, parties, representation
3. The activities of courts before proceedings, the course of first instance court proceedings
4. Action – content, form of submission; evidence
5. Types of judicial decision (decision, payment order, ruling), costs
6. Remedies proper (appeals) and extraordinary (action for retrial, action for nullity, appeal)
7. Judicial enforcement and execution by court executors – conditions, means, rewards for executors
8. Arbitration proceedings – arbitration agreement and arbitration clauses, the course of proceedings, arbitration findings
9. Insolvency proceedings – basic concepts, fundamentals, consideration of bankruptcy and decisions on it, moratorium
10. The position of actors in insolvency proceedings – insolvency administrator, creditors and creditor institutions, debtors
11. The estate, creditors and application of receivables, invalidity of and ineffectiveness of legal proceedings
12. Bankruptcy proceedings – the course, review hearings, satisfaction of receivables
13. Debt relief and reorganisation.
2. Court system, powers and jurisdiction of courts, parties, representation
3. The activities of courts before proceedings, the course of first instance court proceedings
4. Action – content, form of submission; evidence
5. Types of judicial decision (decision, payment order, ruling), costs
6. Remedies proper (appeals) and extraordinary (action for retrial, action for nullity, appeal)
7. Judicial enforcement and execution by court executors – conditions, means, rewards for executors
8. Arbitration proceedings – arbitration agreement and arbitration clauses, the course of proceedings, arbitration findings
9. Insolvency proceedings – basic concepts, fundamentals, consideration of bankruptcy and decisions on it, moratorium
10. The position of actors in insolvency proceedings – insolvency administrator, creditors and creditor institutions, debtors
11. The estate, creditors and application of receivables, invalidity of and ineffectiveness of legal proceedings
12. Bankruptcy proceedings – the course, review hearings, satisfaction of receivables
13. Debt relief and reorganisation.
Work placements
Not applicable.
Aims
The objective of the course is to familiarise students with course of court proceedings including enforcement and execution by court executors. Students are familiarised with the regulations governing insolvency proceedings, with bankruptcy, reorganisation and discharge of debts. Students gain the ability to apply the legal provisions in practice, for example to apply their rights in court, with the executor or the insolvency administrator.
Specification of controlled education, way of implementation and compensation for absences
No control will take place in the course of the semester.
Control of the teaching will be realised in the form of a written examination in the examination period.
Control of the teaching will be realised in the form of a written examination in the examination period.
Recommended optional programme components
Not applicable.
Prerequisites and corequisites
Not applicable.
Basic literature
zákon č. 120/2001 Sb. ČR, o soudních exekutorech a exekuční činnosti (exekuční řád)
(CS)
zákon č. 182/2006 Sb., insolvenční zákon (CS)
zákon č. 216/1994 Sb., o rozhodčím řízení a o výkonu rozhodčích nálezů (CS)
zákon č. 99/1963 Sb., občanský soudní řád (CS)
zákon č. 182/2006 Sb., insolvenční zákon (CS)
zákon č. 216/1994 Sb., o rozhodčím řízení a o výkonu rozhodčích nálezů (CS)
zákon č. 99/1963 Sb., občanský soudní řád (CS)
Recommended reading
HENDRYCH,D. a kol.: Právnický slovník. 2. rozšířené vydání. Praha. C.H.BECK 2003. 1340 s. ISBN 80-7179-740-5 (CS)
MADAR, Z. a kol.: Slovník českého práva 1. a 2. díl: A-O a P-Z. 1. vydání. Praha. Linde 1995. 1390 s. ISBN: 80-85647-62-1 (CS)
MADAR, Z. a kol.: Slovník českého práva 1. a 2. díl: A-O a P-Z. 1. vydání. Praha. Linde 1995. 1390 s. ISBN: 80-85647-62-1 (CS)
Classification of course in study plans
Type of course unit
Lecture
26 hod., optionally
Teacher / Lecturer
Syllabus
1. Civil procedural law – concepts, principles, sources
2. Court system, powers and jurisdiction of courts, parties, representation
3. The activities of courts before proceedings, the course of first instance court proceedings
4. Action – content, form of submission; evidence
5. Types of judicial decision (decision, payment order, ruling), costs
6. Remedies proper (appeals) and extraordinary (action for retrial, action for nullity, appeal)
7. Judicial enforcement and execution by court executors – conditions, means, rewards for executors
8. Arbitration proceedings – arbitration agreement and arbitration clauses, the course of proceedings, arbitration findings
9. Insolvency proceedings – basic concepts, fundamentals, consideration of bankruptcy and decisions on it, moratorium
10. The position of actors in insolvency proceedings – insolvency administrator, creditors and creditor institutions, debtors
11. The estate, creditors and application of receivables, invalidity of and ineffectiveness of legal proceedings
12. Bankruptcy proceedings – the course, review hearings, satisfaction of receivables
13. Debt relief and reorganisation.
2. Court system, powers and jurisdiction of courts, parties, representation
3. The activities of courts before proceedings, the course of first instance court proceedings
4. Action – content, form of submission; evidence
5. Types of judicial decision (decision, payment order, ruling), costs
6. Remedies proper (appeals) and extraordinary (action for retrial, action for nullity, appeal)
7. Judicial enforcement and execution by court executors – conditions, means, rewards for executors
8. Arbitration proceedings – arbitration agreement and arbitration clauses, the course of proceedings, arbitration findings
9. Insolvency proceedings – basic concepts, fundamentals, consideration of bankruptcy and decisions on it, moratorium
10. The position of actors in insolvency proceedings – insolvency administrator, creditors and creditor institutions, debtors
11. The estate, creditors and application of receivables, invalidity of and ineffectiveness of legal proceedings
12. Bankruptcy proceedings – the course, review hearings, satisfaction of receivables
13. Debt relief and reorganisation.