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Factual findings and legal assessment
 Janoušek, Jiří ; Winterová, Alena (advisor) ; Dvořák, Bohumil (referee)
FACT-FINDING AND LEGAL ASSESSMENT Abstract According to the difficulty of the subject and key question being discussed in this study, it is not the aim of this work to come up with one perfect solution of distinguishing between factual and legal question during an application of law in civil procedure. The theme of this study implies that the main goal is to get as close to actual explanation of any potential solution as possible, using predominantly an analytical method of legal research, and to approach this subject also from less traditional points of view. This work is focused on one of fundamental problems of procedural law which also has deeper theoretical basics. It starts with a typical scheme of an application of law where the factual question (consisted of perceiving and evidence) and legal question (where the iura novit curia principle is applied). After finishing the fact-finding process, these findings are subsumpted under a general legal norm. A subsumption itself is the centre of the problematics of incorrect legal assessment. The study also includes a different view on this classical model of application of law. A precise distinguishing between factual and legal questions in civil procedure has a big influence on several areas of civil procedure, while the most important part is the only...
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