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Duty to assert and duty to prove in civil procedure
Krechlerová, Karolína ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Duty to assert and duty to prove in civil proceedings Abstract The rigorous thesis deals with the duty to assert and the duty to prove in civil court proceedings with a focus on the burden of proof, its division and transfer between the participants in the proceedings. The work focuses mainly on litigation. The issue of the rules of division of the burden of proof is still relevant, because for the success of a party to the dispute it is absolutely essential to fulfill the duty to assert and the duty to prove and subsequently bear the burden of assertion and the burden of proof. The aim of the thesis is to analyze in detail the procedural obligations and burdens that are carried by the participants in civil proceedings. The focus of the work is the question of the division of the burden of proof between the parties to the proceedings and its transfer between the parties to the dispute. The rigorous work is divided into an introduction, seven chapters and a conclusion. The introductory chapter describes general interpretations of evidence and the principles of civil procedure. The second chapter is devoted to the history of court proceedings and the development of the functioning of justice in the Czech Republic to state the context of the current concept of procedural obligations of the parties to court...
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Duty of pleading and duty of proof in the contetious civil proceedings
Nováková, Hana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The thesis topic is Duty of pleading and duty of proof in the contentious civil proceedings. The hereby stated obligations belong to the basic concepts of procedural law. If the interested party fulfils both obligations together with bearing the corresponding burdens, it increases its chance of success in a dispute. Supposing it was inactive, its inactivity might be reflected in the dispute result. My thesis aim was to deal with essential obligations in civil proceedings within eight chapters. In chapter one I mention historical excurcus where I introduce how the above stated obligations were adjusted in the previous civil procedural law regulations. It is only an outline of the historical development. Chapter two I briefly devote to the current concept - de lege lata. In the subsequent chapter three I deal with the burden of pleading and burden of proof in both types of declaratory proceedings namely in contentious and non-contentious proceedings. Where the contentious proceedings require higher activity of the interested parties in comparison with the interested parties in the non- contentious proceedings. Chapter four is focused on detailed description of both procedural obligations and to them corresponding burdens. Besides other various theories of burden of proof are stated here. And also...
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Duty to prove and the duty to assert in litigation
David, Jiří ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with the duties of the parties to a litigation (contentious civil procedure). There are two such duties in a litigation: the duty to prove and the duty to assert. The aim of the thesis is to analyze these procedural institutes, to explain both their historical context and their relation to other related institutes such as the burden of proof or the burden of proof assertion. Concurrently, duties of the court itself regarding this matter are dealt with as well as imperfections of current legislation. In the last chapter, proposals de lege ferenda are made. This thesis is divided into six basic sections. The first one focuses on the historical perspectives, the second one deals with theoretical fundamentals and basic concepts, the third one addresses the duties of the court itself related to this subject matter, the fourth one focuses on the judicature of both the Constitutional Court and the Supreme Court of the Czech republic, the fifth one describes and compares related current legislation of Slovakia and, as mentioned, the last chapter contains several proposals de lege ferenda.
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