Remedies in Proceedings for Petty Things in Czech Republic in Comparison with the Adjustment of Some European Countries Cover Image

Opravné prostředky v řízení o tzv. bagatelních věcech v České republice ve srovnání s úpravou některých evropských států
Remedies in Proceedings for Petty Things in Czech Republic in Comparison with the Adjustment of Some European Countries

Author(s): Valentýn Plzák
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: comparative study; remedies in roceedings; czech law; european countries;

Summary/Abstract: The Article deals with the legal regulation of the remedies, that is both ordinary i.e. namely an appeal, and also the extraordinary remedy, against the judgements in the proceedings on so called small claims in the Czech Republic and compares it with the regulation in the selected European countries - Italy, Austria, SRN, Netherlands, Belgium, France, Spain and Portugal, a short excursion is then devoted to the historical legal regulation on the former Austrian Empire and Kingdom of Hungary.There where the explanation is requested, there are provided also the basic data of the revised character about the legal regulation of the proceedings in itself about so called small claims provided, that such a modification in the respected state exists.In the conclusion of the work, the attention is devoted to certain consequences of the exclusion of an appeal, valid in the Czech Republic from July 1, 2009 as well as the question of the harmony of a such exclusion with the request of the high level of a nocsumer protection in the states of the European Union and finally also in the harmony of the legal regulation in the Czech Republic from the constitutionality point of view, where there are suggested also other solutions of the problems, which should be the reason for the introduction of the exclusion of an appeal (the overworking of the judiciary, the speeding up of the proceedings).

  • Issue Year: 18/2010
  • Issue No: 4
  • Page Range: 349-362
  • Page Count: 14
  • Language: Czech