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Witness and his testimony in civil proceedings
Šimek, Petr ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Witness and his testimony in civil proceedings Abstract The submitted diploma thesis deals with the testimony of a witness in civil proceedings. This is undoubtedly the most demanding means of proof. Its demanding character is given not only by the necessary preparation of the judge before this act, but especially in the subsequent assessment of the credibility of the testimony given. The diploma thesis aims to comprehensively describe the course of the carrying out witness testimony from the moment the witness enters the courtroom to the assessment of the witness's credibility within the reasoning of the court decision. Apart from the testimony, the introductory chapter deals with all the evidence means that can be presented in the Czech civil process with reference to their differences and similarities. The following chapter deals with the eligibility of the witness, the person of the witness and his witness duties. A witness need not comply with this statutory obligation if, by giving a testimony, he could cause a risk of criminal prosecution to himself or to a person close to him, or if he is bound by a duty of confidentiality. The third and fourth chapters of the thesis describe the procedure of carrying out of giving a testimony. At first, it is necessary to ensure the witness's presence by the...

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