Publication details
Zmeškání účastníka a fikce dispozičních procesních úkonů
| Title in English | Default of a Party and Legal Fiction of Dispositive Procedural Acts |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | legal fiction; dispositive procedural act; default judgement; judgement of recognition; civil procedure |
| Description | This article offers a critical analysis of the consequences following non-compliance with notice under § 114b of the Civil Procedure Code and with the failure of the plaintiff or the defendant to appear at the preparatory proceeding (§ 114c of the Civil Procedure Code). In such cases the Civil Procedure Code simulate the existence of a dispositive procedural act of the defendant or of the plaintiff and on this basis the court render a judgement of recognition or discontinue proceeding. However, such approach is neither in conformity with the constitution nor with the conception, because such situations are better resolved with default judgements (judgements by default), as proven also by law in other countries. |