Publication details
Rozhodování o nákladech řízení po zrušení rozhodnutí dovolacím soudem a bezdůvodné obohacení
| Title in English | Decision on the costs of proceedings after vacation of judgment by the Supreme Court and unjustified enrichment |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Vacation of a judgment; costs of proceedings; unjustified enrichment |
| Attached files | |
| Description | Many specific procedural problems arise in civil controversies in which a judgment was handed down against the defendant, the defendant performed in accordance with said decision, yet this decision was subsequently overturned by the Supreme Court on extraordinary appeal. In this article I focus on the issue of ruling on the costs of proceedings and I attempt to find a solution that allows the court to decide on the costs in a way that aligns with the ruling on the merits. I also argue that the new § 96 (6) of the Civil Procedural Code, effective as of 30/9/2017, to a great extent prevents the court from handing down a reasonable decision on the costs, and is therefore unconstitutional. |