|
|
Duty to prove and the duty to assert in litigation
David, Jiří ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with the duties of the parties to a litigation (contentious civil procedure). There are two such duties in a litigation: the duty to prove and the duty to assert. The aim of the thesis is to analyze these procedural institutes, to explain both their historical context and their relation to other related institutes such as the burden of proof or the burden of proof assertion. Concurrently, duties of the court itself regarding this matter are dealt with as well as imperfections of current legislation. In the last chapter, proposals de lege ferenda are made. This thesis is divided into six basic sections. The first one focuses on the historical perspectives, the second one deals with theoretical fundamentals and basic concepts, the third one addresses the duties of the court itself related to this subject matter, the fourth one focuses on the judicature of both the Constitutional Court and the Supreme Court of the Czech republic, the fifth one describes and compares related current legislation of Slovakia and, as mentioned, the last chapter contains several proposals de lege ferenda.
|
guest ::
