The Third-party Intervention and Remedies in Civil Proceedings Cover Image

Vedlejší intervence a opravné prostředky v civilním řízení
The Third-party Intervention and Remedies in Civil Proceedings

Author(s): Petra Lavická
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Third-party Intervention in Support of a Party to the Dispute; Third-party Intervention in Support of a Party to the Dispute as a Joinder of Parties; Appeal; Extraordinary Appeal.

Summary/Abstract: The Czech legislation allows a third party intervening in support of a party to the dispute to lodge an appeal under the conditions laid down in the Section 203 of the Code of Civil Procedure, as well as bring an action for annulment and for retrial of the case according to the Section 231 of the Code of Civil Procedure. Regarding the admissibility of the extraordinary appeal, the Supreme Court of the Czech Republic has ruled that the person intervening in support of a party is not entitled to lodge it (R 3/04). This paper focuses on the analysis whether this conclusion is defensible, especially in comparison with the foreign legislation. The paper will also handle with the differences between so called regular third-party intervention and the third-party intervention as a joinder of parties.

  • Issue Year: 27/2019
  • Issue No: 1
  • Page Range: 85-94
  • Page Count: 10
  • Language: Czech