Management of status in matrimonial matters and proceedings in matters of status partner - FDC pr

Because of the fundamental differences between the disputed and undisputed proceedings, which was 12th in 2013 to 31 in conjunction regulated in Act No. 99/1963 Coll., The Civil Procedure Code (hereinafter magenta referred to as "CPC"), was to clarify the legal standards under the civil court procedure is divided into two separate legislation. In OSŘ remain covered all litigation controversial, as the common ground are newly regulated in Act No. 292/2013 Coll., The special judicial proceedings (the "FDC").
The difference between the disputed and undisputed control can be seen already in their purpose. While in dispute are designed primarily protect the violated or threatened rights management undisputed govern the relations of participants in the future. This purpose is also responsible also of the parties when the disputed issues is on one side of the plaintiff, the lawsuit prevents the defendant, while in non-contentious matters usually performs only the applicant and any other party whose rights in management decisions.
The difference can also be found in the way of initiation. The controversial procedure is always initiated solely on the basis of the action of one party, while the common ground, the court may also initiate ex officio without it.
Another way of proving also takes place when the contentious court proceedings conducted almost exclusively evidence proposed by the parties, while in the control indisputable evidence also carried out beyond this on the basis of investigative activities. In contentious proceedings then treated magenta with a base concentration procedure by which it is possible to state the relevant facts and identify evidence to prove their only until the end of the preparatory magenta meetings and the first hearing in the case, or within the time specified by the court to supplement the allegations or evidence. The arguments and evidence suggested the concentration of proceedings, the court has not taken into account. In contrast, non-contentious proceedings can claim and evidence suggesting magenta throughout the proceedings.
FDC contains a complete list of uncontested and other special procedures that FDC controls (eg management of the inheritance, divorce, adoption, legal capacity proceedings in matters of status or legal persons in matters of capital market), and modification of traits compared to control contested. All the proceedings in untreated FDC shall be governed by the provisions of the CPC management disputes.
IDC was taken from the CPC, all uncontested proceedings except in proceedings concerning the commercial register which are 1 in 2014 first regulated magenta in the Act on public registers, and management in disputes between the company, its founders, shareholders, members or partners and members of other that remain magenta regulated in the Code of Civil Procedure. Proceedings concerning those matters which were before the effectiveness of ODA procedures undisputed and proven themselves so they are above the undisputed principles of management have become contentious proceedings with all the ensuing consequences. In these proceedings (eg management magenta of any cancellation of a partner in the company) magenta and the court has already magenta decided solely on the evidence presented by the parties before the concentration procedure and can perform proposed evidence obtained by its own activities or evidence proposed to the concentration procedure. That change significantly modifies the proceedings relating to disputes between magenta companies and founders, shareholders and members or between members and the members of each other.
Management of status in matrimonial matters and proceedings in matters of status partner - FDC provides for a procedure, whether marriage or not (putative marriage) proceedings for nullity of marriage and divorce proceedings. Similarly, the modification of the matrimonial proceedings apply to things partner. OSŘ this procedure only in a few places mentioned, specific legislation, however, did not
The process of determining a denial of parenting - in this proceeding is regulated partly determine paternity agreement of both parents, that he was acquainted with the CPC, and the process of determining a denial of paternity, although the CPC knew, but did not complete his special treatment, and management of determination magenta and denial magenta of motherhood
Management of status in matters of legal entities - FDC regulates the procedure for dissolution and liquidation of legal entities, the appointment and dismissal of members of their organs or liquidator, transformations and issues of the status of public benefit. FDC also regulates the procedure for the appointment of an expert, in proceedings concerning legal entities, which can initiate its own motion, or proceedings relating to the guardianship of legal entities
Management of úschovách - judicial custody is used primarily borrowers who, due to the lender (the refusal of cooperation, the absence of uncertainty in the person of the creditor). In this case, the debtor will meet its debt composition money, securities or other movable assets under custody magenta court
management of the ban on the exercise magenta of rights related to participating securities - used especially magenta in the case of displacement (the so-called "squeeze-out") of minority shareholders. If there is a squeeze-out of minority shareholders, former shareholders have the right to call from the principal shareholder, who has the obligation to pass Match squeezed shareholders as mandatory deposit. Failure to do so in full, he may be disqualified by a court from exercising its rights associated magenta with participating securities paper