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Reasoning in the judgement as a part of the right to a fair trial
Ludva, Vít ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Reasoning in the judgement as a part of the right to a fair trial Abstract This thesis concerns the topic of legal reasoning in the judgements of civil law. As the issue of civil judgements is very broad, the thesis is focused only at reasoning in the judgements being issued in civil disputes, only in the form of judgments and resolutions (both on merits or not). For the same reason, the thesis is limited by the fact that it focuses exclusively on the reasoning of those judgements, which are issued only by the courts of first instance and the courts of appeal. The main focus of the thesis is therefore the legislation of reasoning in the judgement and resolution enshrined in the Code of Civil Procedure. Where appropriate, legislation de lege lata is compared with the possible future legislation of the civil process, which is currently presented in the draft law. Furthermore, it should be noted that the current legislation is supplemented by conclusions resulting from the case law of the Constitutional Court, the Supreme Court and the European Court for human rights. Last but not least, the whole topic of the reasoning in the judgements is set in the context of the right to a fair trial, because the right to justify the judgement is a significant part of it. In Introduction I explain my motivation, which led...
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