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Concentration of proceedings and its limits
Choreňová, Tatiana ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This thesis is concerned with "concentration of proceedings" and its limits. Concentration of proceedings is a means of ensuring expeditious, economical and effective civil process. In Czech law, it applies in particular in the contentious proceedings. Concentration of proceedings is closely related to the principle of concentration which one of the general principles of civil law procedure, and is opposed to the principle of unitary process. The concentration of proceedings may take place at several points in time in the process in connection with the end of the preparatory meeting, of the first hearing and the announcement of the first instance judicial ruling. The concentration of proceedings is necessarily interconnected with the "principle of partial appelation" which applies in appeal proceedings against first instance judicial rulings under the Act. No. 99/1963 Coll., civil procedure act, as amended. The application of the concentration of proceedings also relates to the concept of "qualified call for response". In fact, it is not uncommon that the functioning of concentration of proceedings is misunderstood, including by the courts themselves who often misapply the relevant provisions of the civil procedure act with the view of avoiding concentration of proceedings. In my practical...
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