SUMMARY Subsantial questions of legal regulation of burden of proof and the matter of proof in civil procedure are being discussed in this master‘s writing. The work deals both with disclosing the legal regulation of burden of proof and the matter of proof in actual civil procedure, and analyzing the main theoretical and practical aspects of these questions in more details. The structure of this work enables to reveal the essence of this theme. The work consists of two parts. Whereas from the begining of the civil procedure, first of all, it is important to define which facts are disputed in the particular civil case, therefore the first part of this work deals with revealing the legal regulation of matter of proof. The legitimate and right court judgement can be taken only if all factual circumstances of a case are established. In every civil case the court must be „on the balance of probabilities“ that the alleged facts exist. The first part of this work deals with the conceptions of matter of proof in civil procedure. Also analyze the theoretical and practical significance of establishing the factual circumstances in particular civil case. The further chapters of the first part reveals the essence of each group of the facts, which can be asserting in civil cases. As we already know the facts in dispute on an issue raised between the parties, the second important practical step - to allocate the burden of proof. The second part of this work reveals the conceptions of... [to full text]

Child’s right to maintenance is his/her natural constitutional personal property right. Constitutional consolidation of the parental rights and duties to maintain children show their importance in the social structure of a state as well as in the regulated social relations in the field of family law. Provision of the child’s right to maintenance creates conditions for implementation of other child’s rights: right to accommodation, education, suitable living conditions etc., because the direct aim of maintenance is maximum satisfaction of the child’s needs and interests. In this paper I try to disclose contents of the child’s right to parental maintenance urgent principles of its consolidation in the positive legislature and defence in the civil process as well as regulation peculiarities. The paper is not sought to be an in-deep scientific study, but it should be a valuable and informative measure in identification of the existing gaps in the regulation of the child’s right to parental maintenance and in the search for more efficient ways of solution.

Thesis (J.C.L.)--Catholic University of America, 2004. / Includes bibliographical references (leaves 66-70).

Thesis (doctoral)--Universität, Hamburg, 2008. / Includes bibliographical references (p. [385]-412) and index.

Thesis (doctoral)--Friedrich-Alexander-Universität zu Erlangen.

Thesis (doctoral)--Universität Heidelberg, 1973. / Includes bibliographical references (xi-xxv).

Thesis (Ph. D.)--York University, 2003. / Includes bibliographical references (leaves 416-438). Also available on the Internet.

Thesis (Ph. D.)--University of Washington, 1999. / Vita. Includes bibliographical references (leaves 270-289).

Thesis (doctoral)--Humboldt-Universität, Berlin, 2005. / Includes bibliographical references (p. 393-418) and index.

Thesis (J.C.L.)--Catholic University of America, 2004. / Includes bibliographical references (leaves 66-70).