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The role of decisions of higher courts in the process of unification of case law
Špačková, Eva ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
83 Klíčová slova kontinentální právo, precedent, judikatura Keywords Civil law, Case law, Judiciary Summary Topic of the thesis Role of Case law in Civil law The purpose of my thesis is to analyze the role of case law in the Czech legal system, which is based, like continental legal systems in common, on the strict division of state's powers whereas there isn't recognized any formally binding force of the judiciary so far. Customarily the sources of law are in civil-law jurisdictions statuses. Distinct to the Common law, the Civil law jurisdictions don't accept a stare decisis principle in their decision making. According to some opinion the decisions in civil law legal system are important only with regard to their persuasive role. But other theorists emphasize the doctrine of jurisprudence constante. In the case, that there are consistent previous decisions, the courts in the civil law legal system shall take this decisions at least into consideration. There is need for emphasizing, that the higher the consistency in the previous decisions, the greater the persuasive force. This thesis is apart from Introduction and Conclusion composed of ten chapters. After the Introduction, which provides short foreword, follows the Chapter One, which deals with the issue, how the role of case law, illustrated on the...
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