C
2008
Sanctions under the Rules of Civil Procedure
STAVINOHOVÁ, Jaruška and Petr LAVICKÝ
Basic information
Original name
Sanctions under the Rules of Civil Procedure
Name in Czech
Sankce v civilním procesu
Name (in English)
Sanctions under the Rules of Civil Procedure
Authors
STAVINOHOVÁ, Jaruška (203 Czech Republic, guarantor) and
Petr LAVICKÝ (203 Czech Republic)
Edition
2008. vyd. Brno - Bialystok, Legal Sanctions: Theoretical and Practical Aspects in Poland and the Czech Republic, p. 178-196, 18 pp. Spisy PrF MU v Brně. Řada teoretická. č. 340, 2008
Publisher
Faculty of Law Masaryk University - Faculty of Law University of Bialystok
Other information
Type of outcome
Kapitola resp. kapitoly v odborné knize
Field of Study
50500 5.5 Law
Country of publisher
Czech Republic
Confidentiality degree
není předmětem státního či obchodního tajemství
RIV identification code
RIV/00216224:14220/08:00034912
Organization unit
Faculty of Law
Keywords in English
civil procedure; sanctions
Tags
International impact
V originále
Procedural sanctions present unfavourable legal consequences stipulated in law by a punitive rule of civil procedural nature for breach of subjective procedural duties. As seen from the above explanations 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.
In English
Procedural sanctions present unfavourable legal consequences stipulated in law by a punitive rule of civil procedural nature for breach of subjective procedural duties. As seen from the above explanations 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.
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