The principle of concentration in civil proceedings The principle of concentration, as one of the basic sectoral principles, manifests itself in civil proceedings in such a way that the proceedings themselves are made up of specific stages, in which it is always necessary to perform the acts for which the stage is intended. Procedural actions are thus concentrated. This means for the parties to the dispute that, at a particular stage of the proceedings, they must carry out all the procedural steps for which that stage is intended, under the result of preclusion. The purpose of this factual and evidentiary "stopstate" is to guarantee prompt and effective judicial protection of the subjective private rights of the party under § 6 o. s. ř. and to hear and decide the case without undue delay and respect constitutional right to a fair trial. In the current wording of the o. s. ř. we have a number of elements of concentration introduced by a major amendment and a comprehensive amendment to the Code of Civil Procedure. However, the way in which they were implemented by the legislator did not always lead to the perfection. The adjustment of the concentration is often inconsistent, rigid, creates inequalities between the plaintiff and the defendant and can, paradoxically, lead to delays in the proceedings. The aim...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:452147 |
| Date | January 2021 |
| Creators | Wurst, Richard |
| Contributors | Vyskočilová, Silvia, Frintová, Dita |
| 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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