Publication details
Zákaz zpětvzetí žaloby podle nového § 96 odst. 6 OSŘ
| Title in English | Ban on withdrawal of the claim under the new § 96 para. 6 of the CPC |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Withdrawal of the action; civil procedure |
| Attached files | |
| Description | The latest amendment to the Civil Procedure Code was introduced to § 96 new paragraph 6, which makes it impossible for the applicant to take to bring the action back if the final judgment on which which has already been filled, has been annulled by the Supreme Court. Despite good intentions, this rule does not come true any change for the better; only restricts both procedural parties and forcing them to bring the proceedings to the merit end, even if they were no longer interested in it. The new rule not only the misunderstanding of the relationship is reflected tangible and procedural law, but also incompetence to identify the problem where it really is. |