Publication details
Totožnost skutku ve světle nálezu I. ÚS 543/22
| Title in English | Identity of the act in the light of the ruling I. ÚS 543/22 |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
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| Description | The conference presentation dealt with the definition of the factual basis of a procedural claim in the context of the ruling in Case No. I.ÚS 543/22, in which the Constitutional Court sided with the radical version of the theory of life facts (Theorie vom "Lebenssachverhalt") and rejected the Supreme Court's long-standing inclination towards the theory of facts establishing a right (Theorie vom "rechtserzeugenden" Sachverhalt). The main focus of the presentation was the question of whether the claim for performance represents a single procedural act for all substantive claims that arise, at least in principle, from the same factually (naturally) coherent situation, or whether these cases involve different procedural claims, i.e. matters in dispute with a different basis (whether defined by the factual unity of the act or by the features of the substantive norm). The presentation dealt with all this from the perspective of the amendment of the claim. |
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