Year: 2025
Type: article
Abstract: The article contemplates how civil procedure will respond to the new Private Law Code. The Czech civil procedure is currently regulated by Act No. 99/1963, the Code of Civil Procedure, which has been amended 55 times since its adoption. The author expresses her conviction that the new Private Law Code cannot be adopted singularly, i.e. without adoption of a new civil procedure. However, currently there are no plans for writing a new Code of Civil Procedure, and that appears to be a serious problem. Further, to justify the opinion that the civil code and civil procedure must be recodified simultaneously, the author gives and comments upon numerous examples which show the complementary nature of substantive and procedural rules. And finally, the article discusses some broader conceptual issues of civil procedure in the future: differentiation between adversary and non-adversary proceedings, the system of remedies, and the level of formalism of civil procedure.
Source: AUC IURIDICA
Author: Alena Winterová
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407522557