NĚKOLIK POZNÁMEK K TZV. NEPŘÍPUSTNÉMU DŮKAZU VE SPORNÉM ŘÍZENÍ
Some notes to the so called incompetent evidence in contradictory civil law procedure

Summary/Abstract: Abstract handle with problems of so called incompetent evidence in civil law procedure, be specific about so called incompetent evidences, which broke into the personal rights in compiance with par. 12 code of civil law. Otlines the theoretical aspects of the problem. Deal with validation procedure appearing from norm- analysis theory, burden of proof-division. Furher is given a synopsis of Constitutional Court of Czech Republic decision praxis in concerning to the researche of the constitutionality of the validation procedure. Attention is pay to the content of the statements of the reasons of the supreme Court decision no. 30 Cdo 1224/2004 and the Czech Republic´s Constitutional Court argumentation in the light of the decision no. I. ÚS. 191/2005, 13.9.2006. Further is a short summary of nowadays law amendment of some european states. In accordance to given arguments it comes to a conclusion, that it shoul always be given to specific deciding court to consider, in view of all facts, whether a collision occured in the meaning of par. 4 sec. 4 Bill of Rights and should the answer be positive, only the court could close, that it is really the evidence a posteriori par. 132 civil law procedure, than it shoul realized it and the facts shoud be judged in accordance to par. 132. Without anything else the evidence can not be refused only on a statement of one party, which tells taht it is a incompetent evidence.

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