Adversarial principle in the civil procedure of Czechoslovakia and later the Czech Republic throughout the 20th century: an analysis Abstract The aim of thesis is to analyse the adversarial principle in the civil procedure of Czechoslovakia and later the Czech Republic. The hypothesis states that there were three different time periods, each with its unique look at adversarial principle, which the later interpretation of courts and authors maintained. First, I challenge this hypothesis with respect to authors and courts continuing in the footsteps of creators. After that I search for any common ground between all of the concepts. Both topics are examined with respect to how the facts of the case were collected and to whether the court was obliged to follow cause of action pursued by the parties. Based on the analysis of literature and case-law from 1918 to present the conclusions are following: With respect to how the facts of the case were collected, majority of literature and case- law published in the first part of communist regime replaced the adversarial principle by the inquisitorial principle, giving precedence to the activity of court instead of rejecting the claimant's action on the basis of lack of facts presented. The situation changed in literature in the second part of the communist regime,...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:434835 |
| Date | January 2020 |
| Creators | Koževnikov, Michael |
| Contributors | Dvořák, Bohumil, Holčapek, Tomáš |
| 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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