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Constitutive legal actions
Hendrychová, Veronika ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Constitutive legal actions Abstract The topic of this thesis are constitutive legal actions, which are recognised as a separate category of actions in theory and are even envisaged to be explicitly enshrined in the law in the future. In contrast to actions for performance or actions for a declaration, constitutive actions are aimed at the issuance of a constitutive decision that creates, modifies or terminates a substantive legal relationship. Except in exceptional cases, where analogy may be considered, such constitution of legal relations requires express statutory authorisation. This is the basis for the specific status of constitutive legal actions and the proceedings in respect thereof. Even though constitutive actions have many specific features, they are treated as classic contentious proceedings. These specific features include especially the modification of the dispositive principle, the application of the investigative principle and the absence of adversarial status of the parties. Nevertheless, these specific features in fact negate the very nature of contentious proceedings and the legislation does not provide a suitable solution for them. The referred to specific features are thus used in this thesis as one of the keys to answering the question whether constitutional actions should indeed be...
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