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Instruments of preparatory stage of civil proceeding
Čičmanec, Adam ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Instruments of preparatory stage of civil proceeding Abstract Preparatory proceeding is one of the stages of civil procedure and involves complex of procedures granting the presiding judge an opportunity to clarify the fundementals of dispute, both legal and factual, to acquaint parties to the suit with anticipated course of legal proceeding and to secure efficient proceeding. One of the most distinctive features of the Czech civil proceeding is predominantly discursive and lengthy manner in which judges aporoach the case management. The preparatory stage plays critical role in determining the actual length and overall course of civil proceeding. Contrary to majority of other modern legal systems Czech law, legal doctrine and practise of the courts still somehow neglect the above mentioned importance of this stage. Moreover, this fact is admittedly linked to Czech system of civil proceeding still mainly embracing so called piecemeal type of civil proceedings where the pleading stage is followed by several short hearings where evidence and arguments are collected, instead of main hearing model widely accepted by countries taking significance of preparatory stage into account. The goals of this essay were to evaluate different instruments that Czech civil procedure law provides the judges during preparatory...

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