Několik poznámek k aplikaci § 31a zákona č. 82/1998 Sb. v soudní praxi
A Few Notes on the Par. 31a sec. 3 of the Act no. 82/1998 of the Coll. in Judicial Practice
Author(s): Jiří ZemanSubject(s): Constitutional Law, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: Act no. 82/1998 of the Coll.; Czechia; Civil Procedure Code; analysis;
Summary/Abstract: The article focuses on the relation between par. 31a sec. 3 of the Act no. 82/1998 of the Collection of Laws and the par. 136 of the Civil Procedure Code. Some courts have argued that the criteria presented in the par. 31a sec. 3 of the above mentioned act – that are supposed to help in assessing the compensation for nonmaterial damage caused by breach of administrative duty – bar the use of court´s deliberation in the sense of par. 136 of the Civil Procedure Code and so the par. 142 sec. 3 of the Civil Procedure Code cannot be applied. In the author´s oppinion the above mentioned criteria are not able to influence the court´s own deliberation and it is correct to adjudicate full reimbursement of costs even in the cases when the compensation for nonmaterial damage was not confirmed in the claimed amount.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 17/2009
- Issue No: 3
- Page Range: 211-213
- Page Count: 3
- Language: Czech