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The concept of an average consumer in Czech and European law
Kousalová, Martina ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
RESUMÉ The concept of an average consumer in Czech and European law The aim of this diploma thesis called "The concept of an average consumer in Czech and European law" is to describe current trends in conceptualization this term. Methods used in this diploma thesis to achieve the defined objectives are the analysis of Czech and European legislation and both Czech and Communitarian case law. There were used monographic and comparative methods too. The initial part of the thesis describes the terms consumer and the average consumer are affected by secondary Communitarian legislation and case law of the Court of Justice of the European Union as well as by the case law of courts of the European Union members states. Another aim of the diploma thesis is to highlight that the model of average consumer needs to be viewed differently depending on in which area of economic competition it is currently located at. It is subjected to diverse claims in various areas. This was proved by several judicial cases. The function of the model of average consumer is to be a substitute for all consumers. Consumers' protection is provided through this model. As it is important to emphasize, the average consumer is just a model and does not strictly remain a legal person. The case analysis and comparisons led to the definition of...
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Evidence in civil lawsuit for damages
Valuš, Antonín ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Abstract Evidence in civil lawsuit for damages The issue of evidence in the civil lawsuit for damages is a topic containing a significant number of questionable points and legislator's inconsistencies, which are complementing by the judicial practice of courts. The aim of this paper is to provide a comprehensive interpretation of the specifics of evidence in the civil lawsuit for damages with the emphasis on issues which arise from the practical application of relevant legal acts.
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Sound and Audiovisual Records as an Evidence in Civil Proceedings
Petržílek, Ivo ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
TITLE: Sound and Audiovisual Records as an Evidence in Civil Proceedings AUTHOR: Ivo Petržílek DEPARTMENT: Department of Civil law SUPERVISOR: doc. JUDr. Alena Macková, Ph.D. ABSTRACT: The thesis deals with the problems of inadmissibility of evidence by the audio and video recordings in civil proceedings. Attention is focused mainly on problems of using illegally obtained records as proofs. Diploma searches for the solution to the contemporary course which seems to be ineffectual. The thesis is divided into six chapters. The first and second chapters introduce the theoretical basis of proving in civil proceedings. The third chapter refers to the evidence by the sound and audiovisual records in the area of civil proceedings and deals with the main factors of its potential proving use. In the fourth chapter author deals with the collision of basic rights and interests, especially with the general personality right and the interest of effective Justice and proposes a Proportionality test as the solution. The fifth chapter contains a comparison of the Czech and German case law. Finally, the last, sixth chapter summarizes the most important findings and concludes the thesis. KEYWORDS: audio and video recordings, general personality right, proportionality test, inadmissible evidence, proving
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Administrative infraction proceedings: selected issues of the first instance proceedings
Richtr, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...
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Production of evidence in tax proceedings
Raiser, Gabriela ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
EVIDENCE IN TAX PROCEEDINGS Abstract The purpose of the thesis is on one hand to provide an overall view of the issue of burden of proof in tax proceedings. On the other hand the thesis gives a detailed look into unclear and problematic provisions of the Tax Code concerning the burden of proof of tax subjects as well as that of tax administrators. The reason for my analysis is that number of questions related to the burden of proof in tax proceedings are very often matter of disputes between tax subjects and tax administrators which in many cases has to be decided by the Czech Supreme Administrative Court. The thesis is composed of four chapters, each of them dealing with different aspects of evidence. Chapter One is introductory and deals with evidence in proceedings in general. It also defines basic terminology used in the thesis such as evidence, basic principles of process, burden of production or burden of persuasion. The Chapter Two explains specifics of evidence in tax proceedings. Chapter Three deals with the definition of evidence and mentions different types of evidence in tax proceedings. Chapter Four is focused on the key issue of evidence in tax proceedings - the concept of burden of proof. The chapter consists of five parts. Part One concerns burden of proof of taxpayers while Part Two looks...
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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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Evidence (disclosure) in civil proceedings
Trojan, Tomáš ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...
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Producing evidence in civil proceedings with a special regard to disputes in the area of medical care
Holčapek, Tomáš ; Winterová, Alena (advisor) ; Salač, Josef (referee) ; Uhlíř, David (referee)
Holčapek, T., Evidence in Civil Litigation with Emphasis on Disputes Arising from Medical Care, doctoral thesis, Charles University in Prague, Law Faculty, 2010. The doctoral thesis focuses on the issues of fact-finding in general and evidence in particular, all within the framework of rules of civil proceedings and with regard to lawsuits that result from the providing of medical care. It analyses the factual prerequisites which need to be found (proven) in order to establish liability of the health care provider for personal injury or interference with personality rights of the patient, and discusses who bears the evidentiary burden in their respect, how persuasive the proof has to be and what techniques for the lightening of such burden (e. g. factual presumptions or utilisation of loss of chance or other concept of proportional liability) are employed by various legal systems. The thesis builds on the comparison between Czech law and rules used in other legal areas, including both continental law and common law countries. Keywords: health, medical care, civil liability, civil proceedings, evidence
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The Accounting As An Evidence
Smolíková, Tereza ; Pelák, Jiří (advisor) ; Molín, Jan (referee)
The diploma thesis is focused on the accounting as an evidence, more specifically as a tool for procuring the proof while proving the facts claimed by the taxpayer. Firstly, there are described a financial and tax terms relevant for the topic. Then the rights and obligations of the tax administrator and taxpayer during the tax procedure are described. The last but one chapter deals with the burden of proof and with it´s transfer among the tax administrator and the taxpayer. In conclusion, an evidence that can be used in proving the facts are mentioned.
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