Role of the Court when Removing the Defects of the Procedural Statements of the Parties – Possible Inspiration in the Swiss Civil Procedure Cover Image

Role soudu při opravě přednesů stran – možnosti inspirace ve švýcarském civilním procesu
Role of the Court when Removing the Defects of the Procedural Statements of the Parties – Possible Inspiration in the Swiss Civil Procedure

Author(s): Filip Mazel
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Judicial Case Management; Absent and Vague Procedural Statements or Evidence Proposals; Adversarial Principle; Contradictory Procedure

Summary/Abstract: The paper deals with the role of the court when removing the defects of the procedural statements of the parties of the contradictory civil procedure. It is focused on the defects which occur when the parties are claiming facts as well as when proposing evidence. This court activity is being viewed by considering the adversarial principle as the key idea of contradictory procedure. The main goal is to find appropriate boundaries of this judicial activity, so that it does not substitute the activity of the parties and distort the character of the civil procedure.

  • Issue Year: 30/2022
  • Issue No: 3
  • Page Range: 589-603
  • Page Count: 15
  • Language: Czech