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Pre-action disclosure of information and evidence
Šindler, Matěj ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Pre-action disclosure of information and evidence Information asymmetry or information deficit is a phenomenon where a party to civil litigation is objectively unable to carry its burden of allegation or proof because the relevant information and evidence is completely beyond its reach and there is no way the party could have obtained it through its own activity. In such cases, there is a risk that, due to the party's information deficit, the party will not be able to seek effective judicial protection and will not be able to effectively enforce its subjective rights. Such a situation has negative consequences both for the affected party and for society as a whole, since the consistent exercise of subjective rights also provides protection to objective rights. For this reason, it is essential to address the problem of the information deficit, preferably even before litigation is initiated. The topic of overcoming the information deficit is becoming increasingly relevant, as increasingly complex legal relations between private law subjects entail more complex disputes over the law, which are often accompanied by information asymmetry between the parties to the dispute. This master's thesis explores the basis for overcoming the information deficit and the specific measures used to address this...
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Guide to the Obligation to Instruct in Civil Proceedings
Fliegel, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
58 Abstract Guide to the Obligation to Instruct in Civil Proceedings The thesis aims to create a comprehensive guide to the court's obligation to inform participants in civil litigation. Translated work aims to familiarize the readers, regardless of their legal education, with the procedural and legal concept of informing, in accordance with the various stages of the proceedings. In the introductory part, the author presents theoretical part of the selected foundations of the civil court's obligation to inform, but most of the attention is devoted to the guide itself. In the practical chapters, the author describes the individual stages of the contentious civil proceedings, explaining the court's obligations to inform in each phase. The thesis also includes an analysis of informing during appellate and cassation proceedings. The thesis is primarily based on judicial jurisprudence, particularly that of the Constitutional Court and the Czech Supreme Court, which provides a practical insight into the contemporary understanding of the obligation to inform. In addition, the author relied on monographs, university textbooks, legal journals, and extensively utilized commentary literature as sources of information. For selected topics, the author also offers his own perspective on the issue and subjects it to...
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