Popis: |
Interim measures in civil proceedings Abstract Interim measure is a traditional institution of the civil procedural law, which provides fast and effective protection of subjective rights. However, it is inherent in this protection that it is always only temporary, as it is assumed that the legal relationship between the parties will be settled in the main court proceedings. The aim of this master's thesis is to give a clear commentary on the current legislation of interim measures, both the general interim measure regulated in the Code of Civil Procedure and special interim measures regulated in the Act on Special Civil Proceedings, and to confront the current legislation of interim measures with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Master's thesis is divided into four chapters. The first chapter introduces the institution of interim measure in general terms. It describes their basic characteristics, the modification of procedural principles in interim proceedings and outlines the individual types of interim measures. The second chapter is devoted to the general regulation of interim measures in the Code of Civil Procedure. It sets out the reasons for ordering an interim measure, admissibility criteria and description of the interim... |