| Abstract [eng] |
This master thesis provides analysis of absolute grounds for the invalidity of decisions, examining both legal norms, doctrine and case law interpretations. Finding of these grounds mean that was damaged essential provisions of civil procedure and the right to due process. On purpose to protect the private and public interest that unlawful decisions would be abolished, the courts ex officio must verify absolute ground for the invalidity of decisions and return the case for retrial if they are identified. Although qualified judges should not commit serious process fault but every year the court of appeal repeal about 20-40 cases because of absolute grounds for the invalidity of decisions. It is very important to know how to properly applied these grounds because the right to refer a case back to a lower court is exception. For this reason in this work disclosed the basic rules for the application of each absolute grounds for the invalidity of decisions. Analysing case law in the context of these grounds reveals certain problems which are not analysed in others works. In particular, it would be reasonable to argue that not only the stamp duty on an appeal or cassation should be refunded to the person but also the service of a lawyer should be reimbursed because these grounds constitute an error on the part of the court. Also this institute is the reason why the courts avoid the partial entry into force of the decision. |
