Conception and parametric changes to the Revision by Supreme Court of Appellate Decisions in civil matters - fundamental premises and reflections
Abstract
The contribution dealt with the issue of adversary system of civil contentious proceedings. In the introductory part, the author briefly analyzed the differential criterion of the contentious and non-contentious proceedings, because the adversarial system is also applied in non-contentious proceedings.
Under the adversarial system is traditionally understood to mean that the proceedings must be subject to discussion by participants who have the right to express on all facts and evidence (in some jurisdictions and on all legal arguments). The speaker also drew attention to the fact that it is inappropriate to identify the adversarial system of civil contentious proceedings with the accusatorial principle of trial.
Finally, the speaker summarized the acquired knowledge based on the analysis of the problem.