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 | Article in Proceedings |
| Conference | COFOLA 2024 část 6 – Civilní proces v judikatuře Ústavního soudu |
| MU Faculty or unit | |
| Citation | |
| web | Konferenční sborník on-line |
| Keywords | Matter in Dispute; Basis of the Procedural Claim; the Factual Basis of the Action; Competition of Claims; Action for Performance; Identity of the Facts; Identity of the Factual Agency. |
| Description | The paper deals with the definition of the basis of the procedural claim, i.e. the matter in dispute, in the context of the recent ruling of the Constitutional Court from 29 September 2022, Case No. 543/22, in which the Constitutional Court clearly sided with the extreme version of the theory of facts of life (Theorie vom “Lebenssachverhalt”) and at the same time criticized the Supreme Court’s long-standing inclination towards the theory of facts that establish the right (Theorie vom “rechtserzeugenden” Sachverhalt). The main question at the centre of the paper is whether an action for performance is a unitary procedural act for all substantive claims that arise, at least in substance, out of the same factually coherent situation, or whether these cases involve a variety of different matters in dispute, i.e. procedural claims with a different factual basis (defined either by the natural unity of the factual agency or by the elements of the factual basis of the applicable norm). Therefore, the paper also examines whether a claim for damages can arise from the same factually coherent complex of facts as a claim from a contract, or, more generally, on how the factual basis of the matter in dispute is defined by the Czech courts. The text deals with all these issues in particular from the point of view of the institute of amendment of the action. |
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