Publication details
Předmět sporu a blamáž Nejvyššího soudu a Ústavního soudu
| Title in English | The Matter in Dispute and the blunder of the Supreme Court and the Constitutional Court |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| web | Odkaz na článek na Beck-online.cz |
| Keywords | matter in dispute; basis of procedural claim; amendment of the action; identity of facts |
| Description | The definition of the basis of a procedural claim (and its identity) is probably the most controversial topic in all of civil procedure. It is therefore not too surprising that the Supreme Court and the Constitutional Court are often somewhat at a loss when dealing with it. The way out of the crisis, however, is not to lean towards one of the extremes, but to conclude that the factual basis of the matter in dispute (the case itself) lies in a factually coherent story unfolding from the action. The text therefore - in simplified terms - deals with the definition of the basis of a procedural claim in the recent practice of the Supreme Court and the Constitutional Court, which it criticizes from the standpoint of (especially German) procedural law theory. |
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