Jiří Valdhans

Evidence in Civil Law - Czech Republic

The aim of this monograph is to describe and analyse the Czech regulation of evidence taking in its complexity and entirety. Since the monograph is primarily destined for foreign lawyers, not only the legal regulation but also its reflection by the Czech legal theory as well as judicial practice is examined. Thus, the added value of this publication is that it not only describes the legal regulation itself, but also demonstrates on numerous case law produced by Constitutional Court and Supreme Court its real functioning in daily judicial practice. This allows better understanding of how the whole system of evidence taking in the Czech civil procedure works. The publication offers an extensive summary and analysis of regulation of the Czech civil procedure related to the evidence taking. In order to ensure such complex approach, the first part of the monograph is dedicated to fundamental and general principles of the Czech civil procedure which are crucial for the regulation of various aspects of evidence taking. Since the concept of evidence may be different in various jurisdictions, the monograph also examines the value and importance of evidence in the Czech law as well as principles and standards of its collection and subsequent judicial evaluation. Due to the existing differences in various jurisdictions, special attention is dedicated especially to the written evidence and to the role and importance of experts and witnesses in judicial proceedings. The recent judicial practice often has to deal with foreign elements (foreign witness, document in foreign language etc.) in judicial proceedings. For this reason the publication also examines various aspects of translation and interpretation in Czech judicial proceedings. The attention is dedicated also to costs of proceedings. Covered are the principles on which the payment of costs is based as well as rules governing which party and to which extent will bear them.

Selected Issues of Recognition and Enforcement of ForeignJudgments from the Prespective of EU Member

RIV: CLANEK VE SBORNIKU JE NA CESTĚ K ZAŘAZENI DO WEB OF SCIENCE, BLIŽSI INFO ZATIM NEMAM. The issue of recognition and enforcement of foreign judgments is one of three key areas dealt with by private international law. Nevertheless, this issue falls not only within the scope of this legal discipline. For the actual enforcement of a foreign judgment, national procedural laws play an essential role. The interconnection between private international law and national procedural law makes this area of law very interesting issue for further legal research. In this article, we will outline the fundamental principles and concepts behind recognition and enforcement, historical development of national approaches to this issue, and the mechanism through which States take into account foreign judgments. Consequently, we will present, from the point of view of the EU Member States, sources of law for recognition and enforcement, including examples of relevant legal instruments; and resolution of possible conflicts between legal sources and their application.

Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law

Corrupt practices seem to be encountered most frequently in cases involving public funding. Nonetheless, they can also play a negative role in private relationships, where no public money is handled or where such money is involved only indirectly. The chapter contains analysis of Czech legislation providing for punishment of corrupt practices, under both criminal and civil law. The analysis focuses both on purely private-law relationships and on transactions that involve – as one of the parties – an entity handling public resources.