Aplikace cizího práva a přeshraniční dokazování v Evropském justičním prostoru

Eliášová, Silvia

Application of Foreign Law and Cross - Border Evidence in European Judicial Area Abstract The presented rigorous thesis deals with the issue of the application of foreign law and cross-border evidence by judicial authorities within the European Judicial Area. The rigorous thesis examines selected questions regarding the application and handling of foreign law before Slovak, Czech, German and Italian judges. The introductory part of the thesis is devoted to the theoretical definition of individual institutes and key concepts related to the investigated issue and their integration into the legal system. In this part, the author focuses mainly on the issue of including the institute of application of foreign law and cross-border evidence in the legal system. The question of the status of conflict of laws and the conceptual definition of the European judicial area are also examined, with a special emphasis on judicial cooperation in civil matters. In the chapters 4-7, the thesis analyses in detail the institute of application of foreign law by judicial authorities, with an emphasis on the nature given to foreign law in individual legal systems, the process of ascertaining and applying foreign law and solving emerging problems. Chapters 8-9 are devoted to the topic of cross-border evidence, where the work...

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