Civil Procedure Law Civil Procedure Law lBranch of public law l lIt regulates the civil procedure Civil Procedure lProcedure of the court, participants and another procedural subjects lIt protects the subjective rights and interests lThese rights and interests arise from private law relations lCivil Law, Family Law, Labour Law, Commercial Law Kinds of civil procedure lCivil legal proceeding –Contentious proceedings –Non-contentious proceedings lExecution procedure l lInsolvency-procedure Sources of Civil Procedure Law lAct no. 99/1963 Coll., Civil Procedure Code lAct no. 292/2013 Coll., On special court proceedings lAct no. 6/2002 Coll., On the courts and the judges lAct No. 85/1996 Coll., On the advocacy lAct No. 358/1992 Coll., Notary Code lAct No. 120/2001 Coll., Executory Code Subjects of the Civil Procedure lCourts lParticipants lOther subjects Courts in the Czech Republic lJustice in the Czech Republic –Civil –Criminal –Administrative –Constitutional – Courts in the Czech Republic lDistrict Courts (city court in Brno, circuit courts in Praha) –Civil, criminal lRegional Courts (city court in Praha) –Civil, criminal, administrative lHigher Courts (Praha, Olomouc) –Civil, criminal lSupreme Court (Brno) –Civil, criminal Courts in the Czech Republic lThere exist also: l –Supreme Administrative Court –Constitutional Court Procedural conditions lCompetence lJurisdiction Competence l§ 7 CPC lCourts protect rights and interests that arise from private law relations l l§ 104 lIf the court finds out its incompetency it has to dismiss a case Jurisdiction lSubject-matter lTerritorial lFunctional Subject-matter jurisdiction lWhich court is competent to take a decision as a court of the first instance? l l§ 9 (1) – district courts l§ 9 (2, 3) – exceptions – regional courts –Commercial cases l§ 104a –If the court finds out its lack of jurisdiction it has to contact the Higher Court Territorial jurisdiction lWhich court of subject-matter competent courts is competent to take a decision? l l§ 84 et sequentia l§ 84 – general rule – court of defendant l§ 87 – to choose l§ 88 – exclusive – real property, children, etc. Territorial jurisdiction l§ 105 lIf the court finds out its territorial incompetency it has to assign the case to competent court l lExceptions from the rules Functional Competence lWhich court is competent to take a decision in the remedial proceeding Participants lAccuser x Defendant l lApplicant and every subject whose rights or duties may be affected by the decision l lApplicant and every subject selected by the code l Legal Capacity lCapacity to be a participant of the proceeding –Capacity to have procedural rights and procedural duties lIndividuals lLegal entities lProcedural capacity –Capacity to act lIndividuals lLegal entities – Representation l§ 22 – PCP – minors have to be represented by their legal representative l§ 24 et sequentia – power to advocate, notary, general mandatory l§ 29 et sequentia – incapable persons, missing persons etc. –guardians