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Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code
Krejčí, Adam ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code Abstract This thesis examines the institute of a qualified call for statement as a method of preparation of a hearing on the merits. An integral part of it is also the institute of a fiction of recognition of the claim, which occurs, inter alia, if the respondent fails to properly and in time comply with the qualified call for statement. If the aforementioned fiction is applied, the court shall decide on the matter without further delay by a judgment of recognition. The primary purpose of the qualified call for statement is to fulfil one of the fundamental principles of civil procedure, the principle of expeditious proceeding as one of the elements of the constitutionally guaranteed right to a fair trial. We refer to the qualified call for statement specifically with regard to the enhanced requirements which the respondent's response has to meet in order to properly comply with such a call. The characteristic feature of this institute is the strengthening of the principle of formal truth over material truth, since as a result of potential inactivity on the respondent's side, the proceeding is curtailed by the non-realisation of a wide range of procedural principles and the adversarial proceeding therefore ex lege and de facto...
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Judgment by acknowledgment on the basis of fiction
Krechlerová, Karolína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Judgment by acknowledgment on the basis of fiction Abstract This diploma thesis deals with the judgment by acknowledgment. It is an institute of civil procedural law. The judgment by acknowledgment can be issued on the basis of the express content of the defendant or applicatioan of the legal fiction of the acknowledgment. This paper deals with both types of judgment of acknowledgment but the main part is devoted to the fiction of acknowledgment. The thesis is divided into six chapters. Chapter One describes the history of the judgment by acknowledgment on Czech territory. Chapter Two deals with the issuance of a qualified call for expression and the requirements that are put on the expression of the defendant. Chapter Three analyzes legal conditions for issuing a judgment of acknowledgment based on both the express content of the defendant and the fiction of acknowledgement. In this chapter are also described the remedies that can be applied against it. Chapter Four is dedicated to the judgment of the Constitutional Court, which ruled on the constitutionality of the qualified call and the judgment of acknowledgment based on fiction. The majority of judges were in favor of preserving the contested provisions. In the justification and also in the statements of dissenting judges were confronted the...
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Judgement by acknowledgement
Markovský, Karel ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Judgement by acknowledgement Abstract The topic of this diploma thesis is judgement by acknowledgement, a decision on the merits commonly used in practice, which is supposed to speed up the trial and make it more efficient. The thesis deals with both the judgement by acknowledgement issued under the express consent of the defendant and the so-called fiction of acknowledgement of the claim by the defendant, on the basis of which the judgment by acknowledgement can also be issued. The aim of this thesis is not only to provide comprehensive explanation of the process that precedes the issuance of the judgement by acknowledgement, but also to describe the importance of this judgement, its historic development on the Czech territory and to compare its national legislation with the Slovak one. This paper also highlights some problematic aspects of this judgement and offers possible solutions. The thesis is divided into six chapters. Chapter One deals with the historical development of the judgement by acknowledgement on the Czech territory. In particular, it focuses on establishing a judgement for recognition in to the Czech legal system on the edge of the 19th and 20th century and its reintroduction into the civil process in 1993 - 2009, when the judgement by acknowledgement acquired a form that remained to this...
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