Sanctions under the Rules of Civil Procedure

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.

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

Language

Czech

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

ISBN

978-80-210-4768-6

Keywords in English

civil procedure; sanctions

Tags

Civil procedure, Sanctions

Tags

International impact

---

Abstract

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.