STAVINOHOVÁ, Jaruška and Petr LAVICKÝ. Sanctions under the Rules of Civil Procedure. In Legal Sanctions: Theoretical and Practical Aspects in Poland and the Czech Republic. 2008th ed. Brno - Bialystok: Faculty of Law Masaryk University - Faculty of Law University of Bialystok, 2008, p. 178-196, 18 pp. Spisy PrF MU v Brně. Řada teoretická. č. 340. ISBN 978-80-210-4768-6.
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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
Original language Czech
Type of outcome Chapter(s) of a specialized book
Field of Study 50500 5.5 Law
Country of publisher Czech Republic
Confidentiality degree is not subject to a state or trade secret
RIV identification code RIV/00216224:14220/08:00034912
Organization unit Faculty of Law
ISBN 978-80-210-4768-6
Keywords in English civil procedure; sanctions
Tags Civil procedure, Sanctions
Tags International impact
Changed by Changed by: Mgr. Marie Zejdová, učo 2159. Changed: 2/4/2010 18:54.
Abstract
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.
Abstract (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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