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@inbook{818216, author = {Stavinohová, Jaruška and Lavický, Petr}, address = {Brno - Bialystok}, booktitle = {Legal Sanctions: Theoretical and Practical Aspects in Poland and the Czech Republic}, edition = {2008}, keywords = {civil procedure; sanctions}, language = {cze}, location = {Brno - Bialystok}, isbn = {978-80-210-4768-6}, pages = {178-196}, publisher = {Faculty of Law Masaryk University - Faculty of Law University of Bialystok}, title = {Sanctions under the Rules of Civil Procedure}, year = {2008} }
TY - CHAP ID - 818216 AU - Stavinohová, Jaruška - Lavický, Petr PY - 2008 TI - Sanctions under the Rules of Civil Procedure VL - Spisy PrF MU v Brně. Řada teoretická. č. 340 PB - Faculty of Law Masaryk University - Faculty of Law University of Bialystok CY - Brno - Bialystok SN - 9788021047686 KW - civil procedure KW - sanctions N2 - 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. ER -
STAVINOHOVÁ, Jaruška and Petr LAVICKÝ. Sanctions under the Rules of Civil Procedure. In \textit{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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