National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Hearing in Contentious Procedure
Kolodrubcová, Anna ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
1 Hearing in Contentious Procedure Abstract This rigorous thesis deals with a hearing as a key phase of a contentious procedure in which the presiding judge, in cooperation with the parties, takes evidence and undertakes other appropriate measures in order to ensure complete and fair hearing without undue delay in the proceedings. The primary aim of this rigorous thesis is to describe the course of a hearing in the contentious procedure, as well as to analyse its legal basis governed by the provisions of § 115 et seq. of Act No. 99/1963 Coll., Code of Civil Procedure, as amended. For the sake of clarity, the text of this rigorous thesis is divided into five parts marked with letters A to E, which then contain 11 chapters. Firstly, the essential concepts are defined in Part A. The concept of "contentious procedure" is defined, its parties and their adversarial positions are introduced, their procedural initiative is described, as well as the function of the contentious procedure itself. Subsequently, the key concept of a "hearing" and its purpose is defined. Part B outlines the fundamental principles of the civil procedure, in particular the adversarial principle, according to which the parties to the proceedings have the right to comment on all facts and all evidence; the principle of public hearing which...
Hearing Preparationin Contentious Procedure
Kolodrubcová, Anna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Hearing Preparation in Contentious Procedure Abstract Hearing preparation is a key phase of civil proceedings, in which the judge, with the assistance of the parties, shall prepare the hearing effectively and consistently and subsequently takes a decision pursuant to Section 114a(1) of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, at a single hearing. The aim of this diploma thesis is to carry out a comprehensive analysis of valid and effective legal regulations concerning the preparation of a hearing in contentious procedure in the Czech Republic. To fulfill this goal, this thesis is divided into six chapters. The first chapter defines the concept of hearing preparation and formulates its objectives. For the sake of clarity, hearing preparation is divided into two levels, namely the hearing preparation in terms of its form and the hearing preparation in terms of its material, the so-called proper hearing preparation. These two levels are also described in the first chapter. The second chapter briefly outlines the development of the Czech legislation on hearing preparation, paying particular attention to two important amendments to the Code of Civil Procedure, which have a common objective to strengthen the stage of hearing preparation. The third chapter introduces the individual basic...

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