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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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Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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Procedural requirements of civil proceedings and examination thereof
Hájková, Petra ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Procedural requirements of civil proceedings and examination thereof Abstract The main purpose of the submitted thesis is to provide a comprehensive treatise on procedural requirements of civil proceedings and examination thereof, as well as on addressing the deficiencies of procedural requirements identified during the proceedings and consequences arising in the event of failure to adress such deficiencies. The aim of this thesis is to present and analyse not only the requisites of civil proceedings, which are expressly identified as procedural requirements by the Code of Civil Procedure, but also such requisites regarding their classification as procedural requirements the professional public has not reached the consensus. The thesis is structured into five parts, then into chapters and subchapters. The first part of the thesis concentrate primarily on the definition of the concept of procedural requirements and the differentiation of deficiencies of procedural requirements from defects in the document instituting the proceedings. The second part is devoted to detailed description of the procedural requirements on the part of the court, namely the civil competence and jurisdiction of the court. The third part describes the procedural requirements on the part of the participants, ie the procedural...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
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