| Abstract [eng] |
The object of this master thesis is the institute of abuse of rights in civil procedure. The overload of the courts and the slowness of the process – is one of the litmus papers, which points out that the doctrine of abuse of rights is not implementing properly. Frequently it is forgetting, that the regulation of this institute is dual – consists of material and procedural legal norms, thus it is mistaking when interpret or apply it. In order to bring to the light the nature of abuse of procedural rights, first of all the conception of this institute in civil law is presented. A great attention is paid to the conclusions that non-abuse of rights is the ideal combination of the other principles and one proven clear element of the definition of abuse of right (Civil Code 3.317 article 3 part) is sufficient to state that it is the case of abuse of right. On the basis of analysis of documents, logical, systematic, linguistic, teleological, historic and comparative methods, the following questions of abuse of rights established by the laws or determined by jurisprudence and case law are analyzed in the main part of this master thesis: the peculiarity of the conception of abuse of process, who can abuse, what are the ways of abuse and the remedies to prevent it. Referring to the findings of the research it is concluded that to prove the elements on the grounds of the objective criterions is sufficient to state abuse of procedural right and, for example, to refuse to protect the subjective right of which the person abuses. There is no requirement to prove the conditions of civil liability. The subjective criterions are significant if only it is seeking to award the damages or impose a fine. Also it has to be kept in mind that the courts have reasonably apply all available remedies more unhesitatingly and the advocates should not the interests of their clients make absolute. |
