|
|
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...
|
|
|
The principle of concentration in contentious procedure
Cinková, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's degree thesis deals with legislation on the "principle of concentration in the contentious procedure" and related legal institutes. Pursuant to the principle of concentration, the parties to the civil proceedings are obliged to concentrate and perform the prescribed pleadings within particular time period. These pleadings include among others: allegation of material facts, proposed evidence to prove these facts and objections to the procedural matters. After the passage of prescribed time, a factual and evidentiary "stop condition" occurs, i.e. the parties to the proceedings are not able to perform the pleadings with relevant consequences in law anymore. Legislation on the principle of concentration has been significantly amended by adoption of several Civil Procedure Code amendments, namely Act N. 30/2000 Coll. and Act N. 7/2009 Coll. The thesis aims to analyse and critically evaluate these amendments. The thesis consists of seven chapters. The introductory chapter defines the theoretical concept of the principle of concentration and its intended purpose. The second chapter describes the concept of legal principles and places the principle of concentration in the group of civil procedure principles. The main attention is paid to the principle of legal order, the principle of...
|
|
|
The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
|
|
|
The principle of concentration in contentious procedure
Cinková, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's degree thesis deals with legislation on the "principle of concentration in the contentious procedure" and related legal institutes. Pursuant to the principle of concentration, the parties to the civil proceedings are obliged to concentrate and perform the prescribed pleadings within particular time period. These pleadings include among others: allegation of material facts, proposed evidence to prove these facts and objections to the procedural matters. After the passage of prescribed time, a factual and evidentiary "stop condition" occurs, i.e. the parties to the proceedings are not able to perform the pleadings with relevant consequences in law anymore. Legislation on the principle of concentration has been significantly amended by adoption of several Civil Procedure Code amendments, namely Act N. 30/2000 Coll. and Act N. 7/2009 Coll. The thesis aims to analyse and critically evaluate these amendments. The thesis consists of seven chapters. The introductory chapter defines the theoretical concept of the principle of concentration and its intended purpose. The second chapter describes the concept of legal principles and places the principle of concentration in the group of civil procedure principles. The main attention is paid to the principle of legal order, the principle of...
|
|
|
The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
|
guest ::
