Publication details

Náhrada nákladů řízení ve světle aktuální judikatury Ústavního soudu

Title in English Costs in light of the recent jurisprudence of the Constitutional Court
Authors

ŠULÁKOVÁ Martina

Year of publication 2015
Type Article in Periodical
Magazine / Source Bulletin addvokacie
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords costs; form action; petty amounts; agent's fees; cash expenses
Attached files
Description The question of reimbursement of civil procedure costs employs not only lawyers and their clients but also the legislature and the courts, due to the active work of the Constitutional Court, which does not hesitate to interfere and interpret legislation with immediate effect. The Constitutional Court first defined against the awarding of the costs of the state, then focused on costs of form actions, with effect from 7 May 2013 abolished the decree no. 484/2000 Coll., and most recently in October 2014 established the right of a party not represented on the lump sum of cash expenses. The legislature seek to respond to these amendments by a number of amendments, such as the adoption of Decree no. 120/2014 Coll. However, judicial practice is divided in the decisions of costs and therefore the need for a new legislation of fair remuneration of lawyers and the costs.

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