| Autor: |
Steinerová, Jolana |
| Přispěvatelé: |
Pohl, Tomáš, Frintová, Dita |
| Jazyk: |
čeština |
| Rok vydání: |
2020 |
| Předmět: |
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| Popis: |
Concentration of Proceedings Abstract My rigorous thesis is focused on legal institute of Concentration of the Proceedings and Summary / Simplified Procedures more precisely Payment Order Procedures as well as their limits. From time immemorial, there has been a requirement for a fair court decision, i.e. the court should grant his decision when all the facts are carefully examined by a court. It is very often time consuming for court to meet this requirement and thanks to this a court gets in collision with another important requirement or principle - Speed of Proceedings relating with final solution of the case. It is therefore a question to determine the moment until when (i) new facts in the proceedings can be stated and (ii) evidence to prove them can be proposed. Current legislation of Concentration of Proceedings is strictly based on the principle of legal concentration of proceedings. Czech legislation doesn't know judicial concentration of proceedings de lege lata. However, our Justice itself found its way through interpretation which means that court either fails to give proper notice or simply doesn't end first hearing (pre-trial proceedings) until closing of proceedings upon final judgement. Legal concentration of proceedings should be in balance with the duty of the court to instruct... |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
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