The principle of party disposition and its restriction in civil proceedings

The principle of party disposition and its restriction in civil proceedings Abstract in English The submitted diploma thesis deals with the principle of party disposition in civil proceedings which is a guiding principle of civil proceedings, however, it is heavily restricted in the Code of Civil Procedure. The main aim of this thesis is to emphasise the importance of the principle of party disposition in civil proceedings, identify the number of institutes which are restricted, deal with reasons of this restriction of the principle of party disposition, and propose possible changes, which would preserve the principle of party disposition completely. The first part of the thesis presents a theoretical definition of the principle of party disposition. It is also necessary to discuss other legal principles which are connected to the principle of party disposition because it never appears alone, as it is always accompanied by another general principle. This part of the thesis also focuses on the history of the principle of party disposition in civil proceedings. The crucial period for discussed principle was the first half of the 20th century because the disposition principle was not restricted at all. On the other hand, the second half of the 20th century represents a period of strict restrictions of the..