Materiální vedení řízení: Měl by soud vést strany ke změně žaloby?
| Title in English | Substantive Case Management: Should the court encourage the parties to amend their statements of claim? |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | COFOLA 2023: Část 3 - Aktuální otázky civilního procesu. |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Active Case Managements; Amendment of Statement of Claim; Disposition Principle; Aim of Civil Procedure. |
| Description | The paper handles with the question, if the court should encourage the participants of contradictory civil procedure to amend their statements of claim. Such approach might come into question particularly when the plaintiff formulated his claim in obviously unsuccessful way, or when he wrongly set the range of participants of such procedure. It will be dealt with the attitude of Czech legal praxis, which is completely dissenting with this eventuality, at least regarding the instruction about the lack of status of defendant. This praxis will be confronted with the attitude in abroad (in the German speaking countries), where a discussion is being held, in which extend should the court, taking into consideration the aim of the civil procedure, under specific procedural circumstances alert to such incorrectness of the claim, which makes it obviously without any chance to succeed and which makes the whole procedure vain and with no chance to settle the dispute between the parties. There is a consensus though that such court activity must not lead to the excessive disruption of the adversarial system as a key idea of contradictory civil procedure. |
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