| Abstract [eng] |
The Party’s Duty to Provide the Encouragement of the Procedure The topic of this master's thesis is a party's duty to provide the encouragement of the procedure. The concept and content of the party's duty to provide the encouragement of the procedure are most revealed through legal doctrine, significant legal acts as well as through case law interpretations. Moreover, the master's thesis analyses the concept of the party's duty to provide the encouragement of the procedure, its problems, which are revealed by examining various scientific sources and case law, also there was analysed the relationship of this duty with civil principles of the efficiency, concentration and others. The second part of this work discusses the content of the party's duty to provide the encouragement of the procedure, preparatory stage of civil proceedings, the institute of parties’ representation, the right to civil proceedings within a reasonable time and the challenges of the pandemic. The analysis of various sources reveals that the main aim is to encourage the parties to ensure the proper examination of the case, also to ensure prevention of abuse of civil proceedings. Hence parties have a duty to exercise procedural rights in good faith, therefore the aim of the legislator is to regulate the laws in such way that the objectives of civil proceedings will be properly fulfilled. The last part of this work analyses the procedural consequences of a failure to carry out this duty for all participants in civil proceedings, and in this part three procedural measures were distinguished: a fine, a judgment in default and the court's right to refuse to accept late evidences. In addition, it should be noted that these procedural measures can be applied not only when a court finds that an infringement has been established, however there are also seeking to encourage the parties to ensure the proper proceedings, therefore it is necessary to make available measures to protect parties against abusive. |
