|
|
Concentration of proceedings in civil procedure
Pešek, Martin ; Vyskočilová, Silvia (advisor) ; Sedláček, Miroslav (referee)
Concentration of proceedings in civil procedure Abstract The subject of this rigorous thesis is a current legislation on the concentration of proceedings. Concentration of proceedings is a manifestation of the principle of concentration and one of the institutes of civil procedural law, which are to prevent late factual statements and decisive evidence. The purpose for which the concentration of proceedings was introduced into the Code of Civil Procedure was to accelerate court proceedings and make them more efficient. First, the principle of concentration and the principle of legal order are introduced, then the concept of concentration of proceedings is defined and the reasons and expectations that led to the regulation of this procedural institute are described. Although manifestations of the concentration principle can be found in a number of procedural institutes, only the assertion of decisive facts and proposing evidence is subject to the concentration of proceedings in the narrower sense. The proceedings can be concentrated in three concentration moments, namely the end of the preparatory hearing, the end of the first hearing and the announcement of the decision. The core of this thesis is a summary of case law and professional literature, on the basis of which the rules that courts should follow...
|
|
|
Concentration of proceedings
Buchtová, Andrea ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Concentration of proceedings Abstract The concentration of proceedings is a key instrument of the modern civil procedure. The purpose of the concentration of proceedings is to expedite civil litigation by establishing a factual and evidentiary 'stopstate', i. e. the latest moment by which factual submissions and motions to take evidence may be made. In this way, the concentration of proceedings is intended to effectively prevent the parties from bringing new statements and new evidence into the proceedings after the effects of the concentration of proceedings have taken effect, thereby contributing to a more expeditious conduct of the proceedings. The aim of this diploma thesis is to analyse and evaluate valid and effective legal regulation of the concentration of proceedings in the legal system of the Czech Republic and to reflect on its possible changes, including an attempt to outline certain controversial issues of the concentration of proceedings and to present the possibility of their solution. In order to achieve this goal, the text of the thesis is divided into five chapters. The first chapter is devoted to a general definition of the concept and purpose of the principle of the concentration of proceedings. The second chapter introduces the principles of the modern civil procedure, which are related...
|
|
|
The trial concentration
Steinerová, Jolana ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Concentration of Proceedings Abstract My rigorous thesis is focused on legal institute of Concentration of the Proceedings and Summary / Simplified Procedures more precisely Payment Order Procedures as well as their limits. From time immemorial, there has been a requirement for a fair court decision, i.e. the court should grant his decision when all the facts are carefully examined by a court. It is very often time consuming for court to meet this requirement and thanks to this a court gets in collision with another important requirement or principle - Speed of Proceedings relating with final solution of the case. It is therefore a question to determine the moment until when (i) new facts in the proceedings can be stated and (ii) evidence to prove them can be proposed. Current legislation of Concentration of Proceedings is strictly based on the principle of legal concentration of proceedings. Czech legislation doesn't know judicial concentration of proceedings de lege lata. However, our Justice itself found its way through interpretation which means that court either fails to give proper notice or simply doesn't end first hearing (pre-trial proceedings) until closing of proceedings upon final judgement. Legal concentration of proceedings should be in balance with the duty of the court to instruct...
|
|
|
Concentration of Proceedings
Hostovská, Helena ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
The main objective of this rigorous thesis is to provide a comprehensive overview of applying the principle of concentration of proceedings in civil adversary proceedings. At the beginning of the work, the relationship is discussed between the principle of concentration of proceedings and the right to a fair trial or, more precisely, its basic attribute, the right of every person to have their case heard, within a reasonable period of time and by an independent and impartial court, as well as development of the principle of concentration of proceedings and its application in legal regulations valid in the territory of the Czech Republic in the past. The focal point of the rigorous thesis is focused on the issue area of the principle of concentration of proceedings in the applicable and effective Civil Procedure Code. The thesis also aims to introduce the individual procedural provisions that are subject to the concentration of proceedings and to discuss the problems associated with their interpretation and application, to determine their mutual relationship and to summarize them as a comprehensive system created by the principle of concentration of proceedings in our legal order. Separate chapters of the thesis deal with the courts' duty to advise and with exceptions from the concentration of...
|
guest ::
