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Burden of proof
Sudek, Matouš ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proof The subject of the diploma thesis is the institute of the burden of proof, with emphasis on the manifestations of individual constitutive components of the burden of proof, especially in civil contentious declaratory proceedings. Attention is also paid to the concept of non liquet. The author deals with the comparison of the basic principles governing the contentious and non-contentious declaratory proceedings and the concepts, or institutes, inherently linked to the burden of proof. The third part of the thesis focuses on the institute of the burden of proof in other selected types of civil proceedings, as well as on the comparison of the institute of the objective burden of proof with the principle of in dubio pro reo governing criminal proceedings. The fourth chapter deals with the different forms in which the rules of the burden of proof are found in the Czech legal system - the basic rule of the burden of proof, which is not explicitly regulated in the Czech legal system, explicit statutory rules of the burden of proof, statutory rebuttable presumptions, as well as judicial development of the rules of the burden of proof. In relation to the last mentioned form, the thesis moves to the issue of the so- called reversal of the burden of proof. The possibility for the...
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