National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
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...
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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