Evidence in civil contentious proceedings with regard to the accusatorial principle Abstract The goal of this master's thesis is to provide a comprehensive overview of the fundamental principle of civil contentious proceedings - the accusatorial principle, according to which the activities of process subjects are guided in the context of evidence. Under this principle, Czech courts look for facts to the extent claimed by parties because they have a decisive role in contentious proceedings. The parties to the proceedings develop the legal proceeding through their mutual adversarial activities and are responsible for establishing the facts, as the burden of proof and the burden of persuasion lays on them. The court has to make an objective and impartial decision on the basis of the gathered evidence in the civil litigation. If neither party is sufficiently active, they are at risk of an unsuccessful outcome of the litigation. However, the accusatorial principle is modified by law and other procedural principles. Exceptions are therefore allowed, and on their basis the court may intervene and provide their own additional evidence. The law allows it on the basis of two cumulative conditions - evidence must be necessary for establishing the facts and the basis for the taking evidence must be in the file. The...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:397108 |
| Date | January 2019 |
| Creators | Holanová, Linda |
| Contributors | Holčapek, Tomáš, Smolík, Petr |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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