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Special types of judgments in civil procedure
Gulová, Andrea ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Special types of judgments in civil procedure Abstract The goal of my rigorous work is to further examine the special types of judgments in civil procedure, that include judgment by default and judgment by acknowledgement, to evaluate the current legislation of these judgments and to consider possible legislation from a de lege ferenda point of view. The first part of the work shows the reader the basic features of both judgments and their differences from other judgments, as well as with both of these judgments on a generic level. The second part captures the historical development of a judgment by default and a judgment for acknowledgement from the oldest legislation to the current legislation. The main third part is devoted to the judgment by default. The first chapter and its subchapters analyze in detail the individual preconditions for issuing a judgment by default, which are the default of the defendant, service of the application, service of the summons, instruction on the consequences of default, absence of reasonable and timely apology, first hearing in the case, proposal of the plaintiff, admissibility, lack of conditions for a judgment for acknowledgement and judicial discretion. The second chapter then focuses on the excusable reasons of default and also touches on the relationship between an...
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