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Taking of Evidence
Suchá Balogh, Zuzana ; Winterová, Alena (advisor) ; Frintová, Dita (referee) ; Kolesár, Pavel (referee)
TAKING OF EVIDENCE ABSTRACT This dissertation deals with the process of taking of evidence in the civil proceeding, while focusing primarily on the contradictory procedure. The differences between the contradictory and non-contradictory procedure are also being highlighted. The taking of evidence is considered a fundamental part of the civil proceeding, upon whose course and outcomes the judicial decision is being based. In the contradictory procedure, the activity of the party to the proceeding plays a pivotal role in the taking of evidence, which follows primarily from the underlying adversarial principle. However, the importance of the activity of the party to the proceeding in the taking of evidence shall not be entirely dismissed in the non-contradictory procedure either. Nonetheless, the non-contradictory procedure is governed by the investigation principle, with the sole responsibility for the taking of evidence vested in the court. Taking these fundamental differences into account, I analyze the specifics of the contradictory and non-contradictory procedure, which manifest themselves within the sphere of procedural rights and obligations of the parties to the civil proceeding as well as in the distinct powers of the court in the process of taking of evidence. When writing my dissertation, I have...
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Claim and dispositions with it
Kment, Václav ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Kolesár, Pavel (referee)
Claim and dispositions with it Abstract This thesis aims to provide readers with a comprehensive insight into the law of obligations with regard to the theoretical concept of a claim and analyze its place in the legal system as a concept of relative property law and at the same time thing from the perception of the current civil law. The first chapter presents the characteristics of an obligation and its cause and further elaborates on its origin, changes and termination. The second chapter analyses the nature of a claim, as the right of a creditor to demand performance from a debtor from both theoretical and practical poin of view, taking into account the genesis of understanding of this institute from Roman law to the current apprehension in the law of the Czech Republic. For the sake of completeness, a chapter on debt has also been included in the thesis, in order to analyse debt as an institute standing on the other side of the spectrum of an obligation with emphasis on possible dispositions therewith from the point of view of the debtor and the creditor. The fourth chapter deals with the pivotal theme of the thesis, namely dispositions with receivables and their limitations, which arises from the fact that a receivable, although being a property value owned by its creditor, stems from the relationship...
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