Legal capacity proceedings

This thesis deals with the legal capacity proceedings, which are the procedural reflection of legislation of restriction on legal capacity included in the Civil code. The legal capacity is the key legal institution for the human possibility to make a juridical acts. In some cases, it is neccessary, for the reason of protection of human, to restrict on the legal capacity, eventually to choose another preferable measure. Procedural regulation of these proceedings is, with effect from 1. 1. 2014, contained in the Code on Special Court Proceedings (Act No. 292/2013 Coll.), as it comprises certain derogations from classic contentious proceedings. The aim of the thesis is to comprehensively summarise and interpret this legislation including her relation on the substantive regulation, point out her faults and propose options, how to remove them. To this purpose, opinions of experts and present case law regarding these matters are in the thesis also confronted. The thesis consists of three main chapters, which are subdivided into some subchapters and sections. The content of this three chapters is the general delimitation of legal capacity, the excursion into the history of legal capacity and the procedural regulation of the legal capacity proceedings. The aim of the first chapter is to introduce the concept of..