Legal Discussion between the Court and the Parties in the Civil Procedure Cover Image

Právní rozhovor soudu a stran v civilním procesu
Legal Discussion between the Court and the Parties in the Civil Procedure

Author(s): Filip Mazel
Subject(s): Civil Law, Sociology of Law, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: Legal Discussion; Factual and Legal Aspects of the Case; Predictability of Decision; Settlement of the Case; Judicial Case Management.

Summary/Abstract: The paper handles with the discussion between the court and the parties, in which the factual as well as the legal aspects of the case are discussed. The current Czech legislation including the draft of the New Civil Procedure Code and especially the possibilities of inspiration in the foreign (Austrian and German) civil procedures, in which the legal discussion (Rechtsgespräch) has its firm place as a part of the judicial case management, will be analysed. Benefits for the course and the outcome of the procedure, which the legal discussion can have, are then demonstrated through the functions carried out by the legal discussion.

  • Issue Year: 28/2020
  • Issue No: 2
  • Page Range: 267-279
  • Page Count: 13
  • Language: Czech