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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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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...
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Special types of judgments in civil procedure
Gulová, Andrea ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Special types of judgments in civil procedure Abstract The goal of my rigorous work is to further examine the special types of judgments in civil procedure, that include judgment by default and judgment by acknowledgement, to evaluate the current legislation of these judgments and to consider possible legislation from a de lege ferenda point of view. The first part of the work shows the reader the basic features of both judgments and their differences from other judgments, as well as with both of these judgments on a generic level. The second part captures the historical development of a judgment by default and a judgment for acknowledgement from the oldest legislation to the current legislation. The main third part is devoted to the judgment by default. The first chapter and its subchapters analyze in detail the individual preconditions for issuing a judgment by default, which are the default of the defendant, service of the application, service of the summons, instruction on the consequences of default, absence of reasonable and timely apology, first hearing in the case, proposal of the plaintiff, admissibility, lack of conditions for a judgment for acknowledgement and judicial discretion. The second chapter then focuses on the excusable reasons of default and also touches on the relationship between an...
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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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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...
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