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Default judgement - status and perspectives
Danihlík, Tomáš ; Zahradníková, Radka (referee)
Default Judgement - Status and Perspectives Abstract This thesis deals with the topic of default judgment and the status and perspectives of its legal regulation. A default judgment is a special type of judgment that allows the court, under certain conditions, to decide a case without taking evidence on the basis that the allegations made by the plaintiff are undisputed. This makes it an instrument which allows proceedings to be expedited. The default judgment is a classic procedural law institution with a long tradition dating back to the ancient Romans. The tradition of contumacious proceedings in Czech law was disrupted by the adoption of the Code of Civil Procedure in 1950 and the default judgment returned to Czech law only after the establishment of the independent Czech Republic, but it was built on a different basis than the rules in force in the Czech Republic until the adoption of the 1950 Code. As a result, the Czech legal system treats default judgement in a narrower way than the Austrian system, which is the source of some of the problems with which the current system of default judgments has to contend. However, the legislator did not choose to extend the possibility of issuing default judgments to situations where the defendant fails to make a statement of defence or to appear at a preparatory...
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Relationship between Judgments for Recognition and Default Judgments
Šmahelová, Adéla ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Relationship between Judgments for Recognition and Default Judgments Abstract The subject of this diploma thesis is the relationship between judgments for recognition and default judgments. In both cases, the judgements are special institutes typical for civil contentious proceedings, primarily aimed at speeding up the proceedings before the court. The statutory provisions seek to achieve this mainly by not requiring the court to establish the facts of the case when deciding by special judgments, as the decisions are based solely on plaintiff's factual allegations or defendant's act of disposition. Firstly, the starting point for determining the links between the two judgments is an analysis of the judgments as separate decisions. The current legal framework recognises three types of special judgments, namely a judgment for explicit recognition, a judgment for a legal fiction of recognition and a default judgment. In particular, a judgment for explicit recognition should be distinguished from a fictitious judgment for recognition and a default judgment. Whereas the first decision is based on a dispositive act made by the defendant freely expressing his will to recognise the claim, the other two judgments are based on defendant's default, either by failing to appear at the hearing or make a statement of...
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Default Judgement - Status and Perspectives
Danihlík, Tomáš ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Default Judgement - Status and Perspectives Abstract This thesis deals with the topic of default judgment and the status and perspectives of its legal regulation. A default judgment is a special type of judgment that allows the court, under certain conditions, to decide a case without taking evidence on the basis that the allegations made by the plaintiff are undisputed. This makes it an instrument which allows proceedings to be expedited. The default judgment is a classic procedural law institution with a long tradition dating back to the ancient Romans. The tradition of contumacious proceedings in Czech law was disrupted by the adoption of the Code of Civil Procedure in 1950 and the default judgment returned to Czech law only after the establishment of the independent Czech Republic, but it was built on a different basis than the rules in force in the Czech Republic until the adoption of the 1950 Code. As a result, the Czech legal system treats default judgement in a narrower way than the Austrian system, which is the source of some of the problems with which the current system of default judgments has to contend. However, the legislator did not choose to extend the possibility of issuing default judgments to situations where the defendant fails to make a statement of defence or to appear at a preparatory...
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