MOLNÁR, P.: Procesná aktivita sporovej strany ako limit prieskumu v opravnom konaní. Právny obzor, 107, 2024, č. 6, s. 633 – 645.
https://doi.org/10.31577/pravnyobzor.2024.6.05
Procedural activity of the disputing party as a limit of research in corrective proceedings. The author discusses the possibilities of the disputing party to retain its procedural activity for later stages of the proceedings, and the consequences of such a practice in remedial proceedings. It is concluded that the success of the disputing party in exercising its right to judicial and other legal protection is largely conditioned by its procedural diligence. Therefore, the use of procedural rights of the party to the dispute (from the point of its intended success in the dispute) is actually considered to be its procedural duty. Under the pressure of concentration principle, the disputing party must use the available means of procedural attack and procedural defense as soon as possible. Since in remedial proceedings the appellate court examines the fulfillment of the task of the lower court and does not rehear the case as a whole, the party to the dispute cannot be successful with delayed procedural activity. The setting of the requirements is strict, however, it is known in advance, it affects both sides of the dispute equally, and the court‘s proceedings must comply with the principle of equality of the parties. Therefore, the author considers the concept, in which the disputing party‘s (in)activity limits its possibilities in the further course of the proceedings, to be fair and sustainable for all corrective proceedings in the Slovak Republic.
Key words: litigation, procedural activity, basic procedural principles, remedial proceedings, limits of court activity in remedial proceedings