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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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The competence of public prosecutors' offices in the non-criminal area
Nechvátalová, Helena ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
This rigorous thesis deals with the competence of the public prosecutor's office in the non- criminal area. The primary aim of this work is to comprehensively cover the above-mentioned legal issues, which, although it has numerous specifics, are often neglected and delayed in connection with the criminal jurisdiction of prosecutors' offices. Attention is paid both to the position of prosecutors in individual civil proceedings and related procedural authorizations, as well as to their supervision over places where personal freedom is restricted, when these two legal areas constitute the non-criminal powers of prosecutors' offices. The thesis is divided into nine chapters except the introduction and conclusion. The individual chapters logically follow each other, when the first chapter offers a historical insight into the development of public prosecutors 'offices as such together with an emphasis on the development of civilian powers of public prosecutors' offices. The historical regulation is followed by the current regulation, which is paid attention in the second chapter, which offers an overview of the various legal regulations relating to the non-criminal jurisdiction of public prosecutor's offices. The next chapter, ie the third chapter, then outlines the specifics of the non- criminal scope,...
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Notarial deed with declaration of enforceability
Hönig, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "Notarial deed with declaration of enforceability" deals with the specific type of notarial deed, which is also enforceable title for enforcement procedure. It is a special type of notarial deed, whose tradition dates back to the 19th century. The aim of this work is to describe notarial deed with declaration of enforceability from the perspective of civil proceedings because it is the legal instrument, which for its flexibility, can in practice, replace Court Judgments. This thesis is divided into five chapters. The first chapter contains a brief historical development of notarial deeds with declaration of enforceability since its adoption into legal system in 1871 to the present. The second chapter deals with notarial deeds as authentic instruments, as well as notarial deeds on legal acts and then by each type of notarial deed with declaration of enforceability, including notarial deed as European Enforcement Order and relationship between the notarial deed with declaration of enforceability and civil adversarial proceedings. The third chapter focuses on notarial deed with declaration of enforceability as title for enforcement procedure and subsequently reviews of a notarial deed within enforcement procedure. The fourth chapter of thesis deals with notaries' responsibility for...
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Civil disputes between doctor and patient in medical healthcare
Valuš, Antonín ; Macková, Alena (advisor) ; Uhlíř, David (referee) ; Salač, Josef (referee)
Civil disputes between doctor and patient in medical healthcare The issue of civil disputes between doctor and patient in medical healthcare is characterized by a high degree of interdependence of substantive and procedural questions. The main issue here is inequality between doctor and patient in their relationship, which is based more on factual inequality than inequality in rights. The patient as consumer and therefore the weaker party has limited access to relevant information concerning the subject of the relationship between doctor and patient. On the other hand, a doctor is a subject which has in its power almost all the relevant information. As can be seen, for a given relationship is characteristic a high degree of inequality of information. This inequality, which arises in the relationship always, is not sufficiently addressed by the substantive regulation and its effects are present in subsequent court proceedings in the form of an information deficit. Intention of this paper is to present the fundamentals of the relationship between physician and patient, the reasons for the information deficit and its consequences in legal proceedings and ways of its compensation. The aim is to assess whether the current regulation is to ensure equality between doctor and patient with emphasis on the...
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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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