Publication details
Účelnost nákladů spojených se zastupováním advokátem
| Title in English | Usefulness of Costs of Proceedings Connected with Representation of Attorney |
|---|---|
| Authors | |
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | civil procedure; costs of proceedings |
| Description | We may sum up that as the costs necessary for purposeful application or protection of law in the sense of § 142 par. 1 of Civil Procedure Code can be regarded only the costs in harmony with the purpose of civil court procedure indispensable for the partys ability to properly defend its infringed or endangered subjective private rights in civil court proceeding. This applies for all kinds of proceeding costs including the costs arising in relation with lawyer representation. If the plaintiff is represented by a lawyer not for getting qualified legal assistance but for enrichment on compensation of costs related to representation by lawyer, the purpose of such representation is in contradiction with the purpose pursued by civil procedure law. Such conduct could be regarded as an abuse of the procedure right to be represented by lawyer, and as a rule also as procedural harassment, because the direct intention would be to cause harm to the other party of the procedure and the plaintiffs enrichment on its detriment. In such case the costs related to representation by lawyer cannot be regarded as purposefully paid; therefore the court cannot award them to the successful plaintiff. |