Publication details
Přípustnost odvolání v bagatelních věcech aneb štěpíme a (ne)sčítáme s judikaturou Ústavního soudu
| Title in English | Admissibility of appeal in small claims cases |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The article deals with the issue of admissibility of appeal in so-called "small claims" cases, i.e. appeal against judgment in monetary cases which do not exceed 10 000 CZK. Although the paper is conceived as a response to the legal conclusions expressed in the case law of the Constitutional Court (respecting the topic of the section), it seems most appropriate to examine these conclusions in the context of the decision-making practice of the Supreme Court, as it is the latter that is supposed to ensure the uniformity of judicial decision-making on (among other things) issues of procedural law. The author examines the questions of the admissibility of an appeal and the 'bagatelle' of a procedural claim mainly from the point of view of the objective cumulation of procedural claims, i.e. in a situation in which the claimant has raised several separate claims in the action alongside each other, and these are heard together in a single proceeding. The paper also deals with analogous, yet different and inconsistent conclusions of case law concerning the assessment of the objective (in)admissibility of an extraordinary appeal (revision). The author also discusses the question of the purpose of limiting the admissibility of appeal (and revision) by means of the property test and a possible future conceptual change in the understanding of the "bagatelle value" of a case. In doing so, the author notes that there is a different approach of the domestic legislation to claims for pecuniary benefits and to other claims. The paper also focuses, to a limited extent, on other related issues, such as the concept of the subject matter of the dispute, its value and its examination, the objective accumulation of procedural claims, objective limits of res iudicata or suspensive effect of an appeal. The author critically evaluates the conclusions of the case law and other issues outlined in the light of the current procedural doctrine, while for this paper, according to the author, the current and older Central European procedural literature is of particular importance, where apart from domestic sources, the author also works with the conclusions of Austrian and German procedural doctrine. |
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