Publication details
Odůvodňování usnesení v civilním řízení soudním
| Title in English | Reasoning of Judicial Resolutions in Civil Proceedings |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Judicial Decisions; Reasoning |
| Description | The article deals with the issue for which resolutions in civil proceedings the grounds have to be reasoned, especially the resolutions meeting the proposal against which nobody has objected. Based on the statutory requirements of the right to a fair trial, the author reaches the conclusion that the grounds do not have to be included only in the decisions meeting the proposal against which nobody has objected, which are of procedural nature (therefore not hte decision in the case itself) and against which no permissible legal remedy or other redress exist. Besides, reasoning may be required also in certain other procedural resolutions, which do not reqiure reasoning from the given point of view, but where the particular procedural situation requires so. |