Code of Civil Procedure (Czech Republic)

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The Civil Procedure Code of the Czech Republic (czZPO, Czech : “Občanský soudní řád”, OSR) regulates the judicial procedure in civil disputes and thus represents the central procedural code for judicial disputes about claims under private law. The civil procedure code is a central part of Czech civil procedural law.

history

The Czech Republic consists of the historical countries Bohemia (Czech Čechy ) and Moravia (Czech Morava ) as well as parts of Silesia (Czech Slezsko ). For this reason, many of the laws that were in force in Austria before 1918 also became binding in the Czech Republic (or at that time in Bohemia, Moravia and Austrian Silesia) when they came into force.

General Judicial Order 1781

The General Court Procedure (AGO) on January 5, 1781 ( JGS 1781/13) was in Böheim, Moravia, Silesia, Austria whether , and under the Ennß , Steyer market , Carinthia , Krain , Gorizia , Gradiska , Trieste , Tyrol , and for the Foreland .

It was replaced with the entry into force of the Code of Civil Procedure (ZPO) on January 1, 1898.

Code of Civil Procedure 1895

The Code of Civil Procedure came into force in accordance with Article I, Paragraph 1 of the Act of August 1, 1895 regarding the introduction of the Act on Judicial Procedure in Civil Litigation (Code of Civil Procedure) , RGBl. 112/1895 (briefly Introductory Act to the Code of Civil Procedure or EGZPO , which in addition to transitional provisions also contained provisions for stock exchange arbitration courts ) came into force on January 1, 1898, in addition to Austria, in the countries that later formed the Czech Republic. This law was created by the then official in the Ministry of Justice, Franz Klein . This code of civil procedure still applies in Austria today. In the Czech Republic, this code of civil procedure, the jurisdiction norm and the introductory law to the civil procedure law were in principle still in effect after the collapse of the Habsburg monarchy until 1950, despite some amendments.

Language question

The use of Czech alongside German in dealings with the authorities and courts in Bohemia, Moravia and Silesia was a major point of contention for many decades. Ferdinand III's renewed Bohemian regional order . of 1640 determined the language of the defendant as the language of negotiation in criminal cases. The Court of Justice decree of April 22, 1803, line 1192, reminded the Prague Court of Appeal that according to the general court rules of May 1, 1781, every plaintiff is free to draft his complaint in German or Bohemian. The Justice Ministerial Decree of April 29, 1848, line 121, to the Bohemian Court of Appeal fixes the complete equality of the Bohemian and German national languages ​​in the administration of justice. The Justice Ministerial Decree of May 23, 1852, line 11.815, already lays down the principles of the Stremayr-Taaffe Language Ordinance (§ 8) in criminal proceedings .

Code of Civil Procedure 1950

The first work on a new civil procedure law began as early as 1922, which resulted in the draft of a new code of civil procedure including an introductory law in 1937 and presented to the National Assembly. Due to political developments ( World War II ), this new code of civil procedure was only put into effect on January 1, 1950. It was based primarily on the 1923 Code of Civil Procedure in the Soviet Union . The principle of formal truth (disposition and negotiation maxims) was replaced by the principle of research into material truth by the courts. Typical legal institutions of civil procedure law, such as B. the binding of the courts to the submissions of the parties, default judgments, acknowledgment judgments, waiver of claims, distinction between contentious and non- contentious proceedings and the disruption of property proceedings in the context of civil proceedings, foreclosure (debt collection, execution) etc. have been abolished or overridden by judicial law . In return, the court's duty to instruct the parties was made very extensive.

Code of Civil Procedure 1963

The Code of Civil Procedure of 1963 builds on the Code of Civil Procedure 1950 and is still valid today with over 100 amendments . This Code of Civil Procedure is the most important source of Czech civil procedure law and originally also contained regulations on administrative, enforcement and bankruptcy proceedings. The very far-reaching and also controversial obligation to instruct the parties by the court (§ 5 czZPO) was retained, as was no longer a distinction between contentious and non-contentious proceedings until 2014.

In the course of the turnaround , the code of civil procedure was brought back into line with Western standards and, above all, the principle of material truth was replaced by the principle of formal truth. The parties now determine the subject of the dispute and dispose of it (disposition principle in §§ 95, 96, 97, 99 czZPO).

The division ( dismembration ) of Czechoslovakia (ČSFR) does not lead to any discontinuity in the legal system and Article 1 of the Constitutional Act has adopted the legal system of Czechoslovakia that had previously existed in the area of ​​the Czech Republic, including the 1963 Code of Civil Procedure, as far as possible without reservation, so that all legal acts in force on December 31, 1992 formed the legal order of the Czech Republic as of January 1, 1993.

Between 1992 and 2002 the judicial review in administrative matters was still carried out on the basis of special provisions contained in the fifth part of the Code of Civil Procedure (Art. 244 ff. CzZPO). During this time, the Czech Constitutional Court has already pointed out the inadequacies of the Czech legal system several times in its decisions and finally, with the decision of June 27, 2001, repealed the entire fifth part of the Code of Civil Procedure on January 1, 2003. Since then, administrative jurisdiction is no longer the responsibility of the ordinary courts.

An amendment 2000 was intended to accelerate civil proceedings by restricting the right to present innovations (Novenrecht) and elements of concentration. Amendments in 2005 and 2009 should bring further acceleration. However, this was at the expense of the clarification of the facts to a sufficient extent, and in many cases it failed to accelerate the process and subsequently led to a weakening of confidence in the jurisdiction. "Even among Czech entrepreneurs, the reputation of Czech courts is not the best in terms of neutrality, quality and speed" (...) "A litigation civil procedure (Spruchverfahren - nalézací řízení) takes an average of 2-4 years including the usually quick appeal process."

On January 1, 2014, a further amendment separated the controversial from the non-contentious procedure. Even after more than 60 years, the disruption of property procedure was reintroduced.

In Slovakia , the 1963 ZPO was replaced on July 1, 2016.

Perspectives

The inadequacy of the 1963 Code of Civil Procedure, known in Czech law, with the many amendments, some of which were not sufficiently coordinated, led the Ministry of Justice to start working on a new code of civil procedure in April 2013. Many experts are striving to return to the Code of Civil Procedure from 1895 with the amendments and adjustments that have been made in Austria in the meantime (particularly to the law of the European Union ). In 2016, a new commission from the Ministry of Justice began to create the new ZPO on this basis.

Selected provisions

Court building

The Czech judiciary consists of four instances. The lowest level is formed by the district courts, which are locally responsible for the respective districts (Okresní or Obvodní soud). In Prague for the boroughs. The next instance is formed by eight district courts (Krajský soud, in Prague: Městský soud), which essentially correspond to the earlier districts. Above that stand the two higher courts (Vrchní soud) with their seat in Prague and Olomouc . The Supreme Court (Nejvyšší soud) has its seat in Brno .

District courts have substantive jurisdiction in the cases listed in § 9 of the ZPO and appeal bodies against decisions of the district court.

Higher courts are usually only responsible for decisions of the district courts as appeal courts. The higher courts decide in senates made up of three judges.

Appeals can be lodged with the Supreme Court against decisions of the district courts or the higher courts. The Supreme Court is composed of the President, Vice-Presidents, Chairmen of the Colleges, Chairmen of the Senates and other judges and decides in civil, commercial and criminal law senates. The President and Vice-Presidents perform the administration of justice and decide on money and material resources.

Local jurisdiction

The local competent court (Místní příslušnost soudů) is determined in Sections 84-89a of the ZPO. This is basically and predominantly the place of jurisdiction of the defendant (for a natural person the place of residence, for a businessman the location of the business premises and for a company the company seat ). These are regularly the district courts (Okresní or Obvodní soud), as the lowest instance in the court structure in whose district the residence, business premises or company headquarters of the defendant are located.

In addition, there are mandatory local places of jurisdiction according to § 88 ZPO (exclusive local jurisdiction) and according to § 87 ZPO there are voluntary local places of jurisdiction. A different agreement on the place of jurisdiction is generally possible between merchants according to § 89a ZPO, provided that there is no exclusive place of jurisdiction according to § 88 ZPO.

If conditions of local jurisdiction are absent or cannot be determined, the Supreme Court will determine which court will hear and rule the matter.

The principle of immediacy is standardized in § 122 czZPO and basically orders the implementation of evidence proceedings before the competent court. Exceptions are specified in Section 122 (2) czZPO. Thereafter, if this procedure seems appropriate, the trial court can request another court to take evidence.

Material jurisdiction

The factual jurisdiction of the court (Věcná příslušnost soudů) in the Czech Republic is based on §§ 9-12 czZPO. District courts are generally the first instance for general civil suits as well as for commercial law suits (since 2014).

District courts in the first instance are responsible for proceedings in the cases listed according to § 9 czZPO such as B. for shareholder disputes, competition law or commercial legal protection, as an insolvency court and appeal body against decisions of the district courts.

In contrast to German, Liechtenstein and Austrian law, there are no separate labor courts. All disputes in these areas will be resolved within the ordinary jurisdiction.

decisions

According to the ZPO, there are two basic forms of judicial decision: the judgment and the resolution. The judgment is the main form of decision. There are also partial judgments, interim judgments, default judgment, acknowledgment judgment, payment order. A decision is legally binding when no further appeal can be lodged.

foreclosure

Foreclosure (debt enforcement, execution) can take place in accordance with the Czech Code of Civil Procedure (ZPO) or by using private, state-approved bailiffs (so-called exekuce). These are considered to be more effective than state organs. The executor independently selects the most promising assets of the debtor and also the most effective means of enforcement and then submits the application for enforcement to the competent court.

See also

literature

  • Thomas Sutter-Somm, Viktoria Harsàgi, The Development of Civil Procedure Law in Central Europe at the Turn of the Millennium Reform and Codification - Tradition and Renewal , Zurich 2012, Schulthess Verlag, ISBN 978-3-7255-6600-6
  • Jaruška Stavinohová, Jan Hurdík, The Czech Code of Civil Procedure at the Turn of the Millennium , in Economics and Law in Eastern Europe , Journal on Legal and Economic Development in the States of Central and Eastern Europe, Munich 2002, Beck Verlag, Volume 11, pp. 193–196, ISSN 0941-6293

Web links

Individual evidence

  1. ↑ See e.g. E.g .: Baden language regulation , language issue in the Prague Chamber of Commerce and Industry . Basically: the peoples' right to self-determination .
  2. ^ Gertrud Elisabeth Zündel: "Karl von Stremayr". Unprinted dissertation, Vienna 1944, pp. 170 and 179.
  3. ↑ See also Article 103, Paragraph 1 of the 1860 Constitution.
  4. ↑ Petr Lavický, Eva Dobrovolná in Czech Civil Procedure Law , in Journal for European Law, International Private Law and Comparative Law , April 2016, 02, p. 90.
  5. ↑ Občanský soudní řád of December 4, 1963, No. 99/1963 Sb. Came into force on April 1, 1964.
  6. ↑ Gerhard Köbler, The Development of the Law of Civil Procedure in Central Europe at the Turn of the Millennium, Reform and Codification - Tradition and Renewal
  7. ↑ Constitutional Act of November 25, 1992, No. 542/1992 Coll. As of January 1, 1993. Before the split, the Czech Republic ordered by the Constitutional Act of December 15, 1992 (No. 4/1993 Coll.) That the Czech Republic Republic will take over the legal successor to Czechoslovakia on January 1, 1993 without reservation .
  8. ↑ Inserted by Act No. 519/1991 Coll.
  9. ↑ Decision No. 279/2001 Sb.
  10. ↑ The Czech Constitutional Court (Ústavní soud) located in Brno is not part of the system of ordinary jurisdiction in the narrower sense, although constitutional complaints directed there against court decisions are possible as far as fundamental rights or freedoms are concerned.
  11. ↑ On January 1, 2003, z. B. the Supreme Administrative Court (Nejvyšší správní soud) in Brno was created as the highest administrative court - see Act No. 150/2002 Coll.
  12. ↑ Concentration principle, see Section 100 (1) sentence 1 and Section 114 czZPO.
  13. ↑ Gerhard Köbler, The Development of the Law of Civil Procedure in Central Europe at the Turn of the Millennium, Reform and Codification - Tradition and Renewal
  14. ↑ Petr Lavický, Eva Dobrovolná in The Czech Civil Procedure Law , in Journal for European Law, International Private Law and Comparative Law , April 2016, 02, p. 93. See also the criticism of the Czech Constitutional Court in decisions Pl. ÙS 42/08 and Pl. ÙP 19/09.
  15. ^ German-Czech Chamber of Commerce and Industry - Civil Procedure Law .
  16. ↑ Law No. 293/2013 Coll.
  17. ↑ Petr Lavický, Eva Dobrovolná in Czech Civil Procedure Law , in Journal for European Law, International Private Law and Comparative Law , April 2016, 02, p. 90.
  18. ↑ Petr Lavický, Eva Dobrovolná in The Czech Civil Procedure Law , in Journal for European Law, International Private Law and Comparative Law , April 2016, 02, p. 91. It should be noted that legal protection itself has not been abolished, but has only been transferred to the municipal offices and within the framework of an administrative procedure - rudimentary - was guaranteed.
  19. ↑ Law No. 160/2015.
  20. ↑ Petr Lavický, Eva Dobrovolná in The Czech Civil Procedure Law , in Journal for European Law, International Private Law and Comparative Law , April 2016, 02, p. 94.
  21. ↑ Ministr Robert Pelikán představil novou komisi per přípravu občanského soudního řádu , April 29 2016th
  22. ↑ Similar to the German district courts , the regional court in Vaduz and the Austrian district courts .
  23. ↑ In Germany this corresponds roughly to the regional courts , in Liechtenstein the higher court , in Austria the regional courts .
  24. ↑ In Germany and Austria this roughly corresponds to the Higher Regional Court . There is no such institution for Liechtenstein.
  25. ↑ The Supreme Court corresponds roughly to the Federal Court of Justice in Germany and to the Supreme Court in Liechtenstein and Austria.
  26. ↑ See also the agreement on the place of jurisdiction for international proceedings under the czIPR law (Zákon o mezinárodním právu soukromém, Act No. 91/2012 Coll.).