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Dispositive principle in contentious and non-contentious proceedings
Hošek, Martin ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Dispositive principle in contentious and non-contentious proceedings Abstract This rigorous thesis is focused on the dispositive principle and its aplication in contentious and non-contentious proceedings. The dispositive principle is one of the main principles which constitute civil proceedings, contentious proceedings in particular. The aim of the dispositive principle is to establish who decides whether a proceeding is to be initiated, what is the subject of the proceeding and who has an influence on its course. The first chapter is related to civil procedure in general and its historic development since the ancient Rome until today. The other part of the chapter contains general definition of all types of civil procedure. The second chapter deals with civil trial proceedings. The first part is focused on contentious proceedings which are formed by the dispositive principle. On the contrary, non- contentious proceedings, which are the subject of the next part of the chapter, are formed by the principle of officiality. Nevertheless, the dispositive principle also applies in non- contentious proceedings. The author focuses on the main principles which form both proceedings. The author also describes how they proceed. The third chapter is dedicated to the dispositive principle in general. The author also...

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