Publication details
Sankce v civilním právu procesním
| Title in English | Sanctions in Civil Procedure |
|---|---|
| Authors | |
| Year of publication | 2008 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | sanctions; civil procedure |
| Description | The article deals with the topic of procedural sanctions. Procedural sanctions present unfavourable legal consequences stipulated in law by a punitive rule of civil procedural nature for breach of subjective procedural duties. It is necessary to distinguish sanctions affecting the court and those imposed on the parties to a lawsuit. Breach of court duty will most often result in change or revocal of the court ruling. Sanctions imposed on the parties are more varied, but principally they should be of procedural nature only, i.e. they should lie in worsening the procedural situation of a party; Czech rules of civil procedure, however, do not quite comply with this requirement. In the future some of the provisions should be reconsidered (e.g. the one concerning certainty when filing the petition for entering preliminary ruling or a the one involving a fiction of claim recognition) or for now it might be useful at least to attempt to take different attitudes during decision taking in legal practice in relation to these questionable institutes (e. g. wrongful decision R 21/2006). |