Podmienky vydania rozsudkov pre zmeškanie podľa civilného sporového poriadku a z pohľadu aplikačnej praxe
Conditions for Issuing Default Judgments Under the Civil Procedure Code and from the Perspective of Application Practice

Summary/Abstract: Default judgments are a stable part of the civil litigation process in Slovak law. The legislature links the conditions for their issuance to the violation of the established obligations by the party to the dispute, which brings their sanctioning function to the fore. Default judgments cause controversy in both the professional community and their application in practice as to the conditions enabling their issuance. In the following article, the author will first address the characteristics and purpose of default judgments in Slovak law and subsequently the conditions for their issuance from the de lege lata perspective and in the context of the decision-making activities of general courts and the Constitutional Court of the Slovak Republic. The aim is to confirm the hypothesis that the de lege lata legal regulation of default judgments regulated in the Civil Litigation Procedure appears untenable through the prism of the decision-making activities of the highest judicial authorities of the Slovak Republic.

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