Mezitímní rozsudek a mezitímní určovací návrh: Nástroje řešení předběžných otázek soukromého práva?
Interlocutory Judgement and Interlocutory Declaratory Petition. Instruments for Solving Preliminary Questions of Private Law?

Summary/Abstract: This topic is concerned with an interlocutory judgment, one of kinds of a judicial decision, and its relationship to preliminary questions. The Interlocutory judgment is a traditional form of decision, which should help court to lead a trial more efficiently and more economically. The current legal regulation of the interlocutory judgment solves only, whether is given basis of the claim or not. The domestic jurisprudence emphasizes, that the interlocutory judgments cannot deal with preliminary questions. This topic is focused on analysis of the current legal regulation of the interlocutory judgment. The domestic legal regulation is compared with foreign (German and Austrian) legal regulations which understand interlocutory judgments more broadly and which allow deal with the preliminary questions. In comparison, there are going to point out to weaknesses of the current domestic legal regulation (e. g. absence of the interlocutory declaratory judgment) and there are going to design recommendations to the future.

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