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Selected issues of evidence in civil contentious proceedings
Kabát, Jakub ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The object of this thesis is Selected issues of evidence in civil contentious proceedings. Evidence itself occupies an important position in the civil procedure because it is a prerequisite for issuing a correct and fair court decision. The aim of this paper is to deal with the institutes of evidence procedure that lead the subjects of civil contentious proceedings for certain procedural activity in order to determine the facts and issue a decision in the case. The thesis is divided into six chapters, the first chapter includes an introduction and the last, sixth chapter includes the conclusion. The second chapter deals with basic questions of evidence in civil proceedings and is subdivided into four parts. Particular parts deal with the concept of evidence in civil proceedings, the object of evidence (which is delimited both positively and negatively), institutes facilitating the evidence in civil procedure (legal presumptions and fiction, preliminary question and discretion of the court) and the actual course of procedure of evidence in civil proceedings. The procedure of evidence is divided into several phases such as adduction of evidence, obtaining proofs, examinations of evidence by the court and finally, the evaluation of the evidence by the court. The third chapter deals with civil...
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Judgment by Default
Wenig, Adam ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 Judgment by Default Abstract Judgment by default is a special type of a judgment on the merits, which serves as a tool against intentional delays in judicial proceedings. Due to the not negligible role of this type of a judgment, the purpose of this master's thesis is to evaluate the current state of legislation with regards to the selected fundamental theoretical aspects, historical development of the legislation, selected constitutional principles and recently proposed new legislation. The first chapter analyzes the basic theoretical foundations of default judgments. The essence of the term contumacy as well as factual presumptions, on the basis of which the courts issue default judgments, are presented therein. This chapter also explains why it is not possible to consider a default to be a procedural act of a party to proceedings and why a default judgment is only applicable in civil proceedings. Furthermore, the essential differences between judgments by default and judgments of acknowledgment are pointed out. The second chapter describes the historical development of default judgment regulation since the Roman law times. The most attention is paid to the Civil Procedure Code of 1895 because of its significant influence on the current legislation. In the third chapter, the constitutional conformity of...
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Selected issues of evidence in civil contentious proceedings
Kabát, Jakub ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The object of this thesis is Selected issues of evidence in civil contentious proceedings. Evidence itself occupies an important position in the civil procedure because it is a prerequisite for issuing a correct and fair court decision. The aim of this paper is to deal with the institutes of evidence procedure that lead the subjects of civil contentious proceedings for certain procedural activity in order to determine the facts and issue a decision in the case. The thesis is divided into six chapters, the first chapter includes an introduction and the last, sixth chapter includes the conclusion. The second chapter deals with basic questions of evidence in civil proceedings and is subdivided into four parts. Particular parts deal with the concept of evidence in civil proceedings, the object of evidence (which is delimited both positively and negatively), institutes facilitating the evidence in civil procedure (legal presumptions and fiction, preliminary question and discretion of the court) and the actual course of procedure of evidence in civil proceedings. The procedure of evidence is divided into several phases such as adduction of evidence, obtaining proofs, examinations of evidence by the court and finally, the evaluation of the evidence by the court. The third chapter deals with civil...
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