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Selected Problems in Evidence
Bečvářová, Darina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Various problems which relate to the obligation of assertion and obligation of evidence and corresponding burden of assertion and burden of evidence and activity of a court connected with them are the topic of my diploma thesis. The first part concentrates on the definitions of basic terms, which appear in the field of evidence, for example the evidence as a complex process, the subject of evidence, means of evidence and also key terms as burden of assertion and burden of evidence. The next part of the thesis is focused on the description of the institute, which was introduced to the legal system in 2009 and the aim of which is to make civil procedure faster and more effective. This institute is the concentration of the procedure, principle of which is to bring about the state of termination of facts and evidence, which means that parties of the civil procedure are allowed to present facts important for the decision of the court and evidence connected with them only until a certain moment, if they present them later, they will not be relevant for the court. In the present, the parties are obligated to fulfill these obligations until the end of the preliminary procedure happens, respectively until the end of the first procedure in front of the court happens or when the parties are given an additional...
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Selected Problems in Evidence
Bečvářová, Darina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Various problems which relate to the obligation of assertion and obligation of evidence and corresponding burden of assertion and burden of evidence and activity of a court connected with them are the topic of my diploma thesis. The first part concentrates on the definitions of basic terms, which appear in the field of evidence, for example the evidence as a complex process, the subject of evidence, means of evidence and also key terms as burden of assertion and burden of evidence. The next part of the thesis is focused on the description of the institute, which was introduced to the legal system in 2009 and the aim of which is to make civil procedure faster and more effective. This institute is the concentration of the procedure, principle of which is to bring about the state of termination of facts and evidence, which means that parties of the civil procedure are allowed to present facts important for the decision of the court and evidence connected with them only until a certain moment, if they present them later, they will not be relevant for the court. In the present, the parties are obligated to fulfill these obligations until the end of the preliminary procedure happens, respectively until the end of the first procedure in front of the court happens or when the parties are given an additional...
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