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National Repository of Grey Literature 1 records found  Search took 0.01 seconds. 
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code
 Krejčí, Adam ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code Abstract This thesis examines the institute of a qualified call for statement as a method of preparation of a hearing on the merits. An integral part of it is also the institute of a fiction of recognition of the claim, which occurs, inter alia, if the respondent fails to properly and in time comply with the qualified call for statement. If the aforementioned fiction is applied, the court shall decide on the matter without further delay by a judgment of recognition. The primary purpose of the qualified call for statement is to fulfil one of the fundamental principles of civil procedure, the principle of expeditious proceeding as one of the elements of the constitutionally guaranteed right to a fair trial. We refer to the qualified call for statement specifically with regard to the enhanced requirements which the respondent's response has to meet in order to properly comply with such a call. The characteristic feature of this institute is the strengthening of the principle of formal truth over material truth, since as a result of potential inactivity on the respondent's side, the proceeding is curtailed by the non-realisation of a wide range of procedural principles and the adversarial proceeding therefore ex lege and de facto...
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