Opravné prostředky a vedlejší intervence

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Title in English Remedies in civil proceedings and third party intervention
Authors

LAVICKÁ Petra

Year of publication 2018
Type Article in Proceedings
Conference COFOLA 2018 Část XI. Opravné prostředky v civilním řízení soudním.
MU Faculty or unit

Faculty of Law

Citation
Web https://www.law.muni.cz/dokumenty/47428
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
Description 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.
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