| Abstract [eng] |
The chosen topic for the Master‘s Degree final paper is of present interest as the new regulations of the judgement by default are coming into force July 1, 2017. The present regulations are highly problematic and difficult to put into practice. Taking into consideration the fact that this topic is of present interest, a deep and thorough look into the changes became the main aim of the work. The changes are revealed comparing them with the current regulations of the judgement by default. The chosen topic is examined all-round revealing differences between the regulations which are in force today and the new ones. The examination ranges from the changes in the patterns of the judgement by default to the basis of the judgement by default. It also presents the further investigation of the case after the judgement by default has been abrogated. The work presents numerous positions of the legal doctrine and the legal practice. This proves that the most significant problems of the judgement by default are examined and possible solutions for passing the judgement by default are specified. All presented problems resulted in the decision of the legislative body to make the changes in the institution of the judgement by default. These changes are supposed to ease the process of putting the latter institution into practice. Unfortunately, it is obvious that the changes will not be able to resolve all the problems occurring in practice. However, it also turned out that having implemented the changes in Civil Process Code coming into force July 1, 2017 there will be more possibilities to pass the judgement by default consolidating the new pattern of the latter. The regulations which are in force today make the conditions for the application of the judgement by default unfavourable and do not ensure the set aims for this institution. |
