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Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...
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Selected issues proof of custody of minors
Behr, Tomáš ; Frintová, Dita (referee)
Proficiency in the care of minors requires a multidisciplinary approach because family circumstances are undergoing significant changes, and the court decision must look for the interest of the child, especially for the future. Such an approach is not limited to its own evidence by classical means of evidence but also takes into account the results of procedural deflections, such as mediation, family therapy, exam care. As for the individual evidence, it must be accentuated that the child's view may not always be determined directly, that the authenticity and accuracy of the charter should be judged by substantive assumptions, and that expert opinions should represent the ultimate solution to the parental conflict. Finding an agreement can also help provide a longer timeframe as well as lessons learned by the court on the length and cost of proceedings in which the court should wait for an expert opinion. Proper evidence taking helps to solve parents' most frequent conflicts on the joint custody, or on the debt of maintenance. The Constitutional Court interprets the presumption of alternate care as wrong because it prefers equality of parents to the interest of the child and because it imposes on the state the burden of proof, although it is obliged to observe the principle of investigation....
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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Proving the title to value added tax deduction
Rásocha, Filip ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
(v anglickém jazyce) The Master's Thesis "Proving the title to value added tax deduction" is focused on the explanation of rules and characteristics of a specific area of proving in the administration of taxes, which is undoubtedly represented by proving the title to value added tax (VAT) deduction, this Thesis is also focused on identification and solution of disputed issues related to this area. First of all, VAT and its deductions are dealt with in general, namely in the scope necessary for the issues under analysis. The Thesis then analyzes in detail the conditions necessary to the title to VAT deduction as adherence to these conditions is mainly being ascertained within the process of proving. Having the necessary starting points been thus defined, the title to deduction is comprehensively and critically analyzed wherein the biggest attention in this regard is paid to the distribution of the burden of proof between the taxable entity and the tax administrator as well as to the content and scope of this burden of proof. In this context, many problems are also pointed out which are faced by the decision-making practice, including their possible methods of solution. One of them is related to proving the supplier of the taxable supply and a fully independent part is focused on this issue as the...
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Means of evidence in civil process
Navrátilík, Šimon ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
- Means of Evidence in Civil Proceedings The topic of this thesis is means of evidence in civil process. The taking of evidence is the most important part of civil proceedings, and therefore this paper presents its comprehensive summary, together with an overview of the means of evidence available in civil proceedings. This work is divided into three main parts with many subchapters. The first part deals with the process of proving in general. It describes its course, main principles and rules that govern it. Likewise, this section focuses on partial issues in the taking of evidence, such as the standard of evidence or proving negative facts. Last but not least, it deals with the burden to claim and prove facts and their distribution among the parties. The second part deals with evidence expressly provided for in the Code of Civil Procedure. In practice, these means of proof are most often found in court proceedings, and therefore their application is dealt with in a number of texts and court decisions. Nevertheless, this section outlines how the individual evidence has evolved over time. The third part deals with non- regulated evidence in the Code of Civil Procedure. Of these, the most widespread is audio and video recordings whose crucial issue is their admissibility in the light of the right to...
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Selected issues proof of custody of minors
Behr, Tomáš ; Frintová, Dita (referee)
Proficiency in the care of minors requires a multidisciplinary approach because family circumstances are undergoing significant changes, and the court decision must look for the interest of the child, especially for the future. Such an approach is not limited to its own evidence by classical means of evidence but also takes into account the results of procedural deflections, such as mediation, family therapy, exam care. As for the individual evidence, it must be accentuated that the child's view may not always be determined directly, that the authenticity and accuracy of the charter should be judged by substantive assumptions, and that expert opinions should represent the ultimate solution to the parental conflict. Finding an agreement can also help provide a longer timeframe as well as lessons learned by the court on the length and cost of proceedings in which the court should wait for an expert opinion. Proper evidence taking helps to solve parents' most frequent conflicts on the joint custody, or on the debt of maintenance. The Constitutional Court interprets the presumption of alternate care as wrong because it prefers equality of parents to the interest of the child and because it imposes on the state the burden of proof, although it is obliged to observe the principle of investigation....
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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Means of evidence in civil procedure
Bouška, Bohumír ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Summary: The diploma thesis deals with one of current subject matter in civil law, a problem of evidence used in the civil procedures. This issue is in the centre of civil procedure because we can resolve any case with fair decision only by clarifying the factual situation between litigants. The importance of this issue isn't just for civil procedure, but for every legal action as well. The basics of the legal regulation represent two main civil codes. First of all it is Act. No. 99/1963 Coll., Code of Civil Procedure, as amended, which regulates the most important part of all civil procedures, in Czech legal theory so-called "dispute civil procedure". The second Act. No. 292/2013 Coll, special civil procedure, regulates other civil procedure with different principles, Czech legal theory called them "undisputed civil procedures". The aim of thesis is to analyse all the problems in regulation of evidences (law regulations, jurisprudence and Czech legal theory). The thesis also points out possible future changes in regulations. The thesis is divided into three basic parts. The first part explains the basic legal terms like a burden of proof and evidence. There are explained the most important terms. The second part of the thesis deals with evidences, which are regulated by Code of Civil procedure. It is the...
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Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...
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Sound and Audiovisual Records as an Evidence in Civil Proceedings
Petržílek, Ivo ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
TITLE: Sound and Audiovisual Records as an Evidence in Civil Proceedings AUTHOR: Ivo Petržílek DEPARTMENT: Department of Civil law SUPERVISOR: doc. JUDr. Alena Macková, Ph.D. ABSTRACT: The thesis deals with the problems of inadmissibility of evidence by the audio and video recordings in civil proceedings. Attention is focused mainly on problems of using illegally obtained records as proofs. Diploma searches for the solution to the contemporary course which seems to be ineffectual. The thesis is divided into six chapters. The first and second chapters introduce the theoretical basis of proving in civil proceedings. The third chapter refers to the evidence by the sound and audiovisual records in the area of civil proceedings and deals with the main factors of its potential proving use. In the fourth chapter author deals with the collision of basic rights and interests, especially with the general personality right and the interest of effective Justice and proposes a Proportionality test as the solution. The fifth chapter contains a comparison of the Czech and German case law. Finally, the last, sixth chapter summarizes the most important findings and concludes the thesis. KEYWORDS: audio and video recordings, general personality right, proportionality test, inadmissible evidence, proving
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