CIVIL PROCEEDINGS

The court decides in a civil procedure on disputes between the parties. Disputed issues are primarily issues of various legal areas: payment of compensation, payment of contractual obligations, delivery of property, eviction, ownership of movable property and real estate.

A litigant can be any natural or legal person. Special regulations determine who, in addition to natural and legal persons, can be a litigant. The court of law may exceptionally, with legal effect in a specific case, recognize the status of a party even to those forms of association that do not have the capacity to be a party, if it finds that, in relation to the disputed matter, they basically meet the main conditions for acquiring the capacity to be a party, especially if they have property, which is enforceable.

A client with full business capacity can perform legal actions on his own (legal capacity). A person of legal age, whose legal capacity is partially limited, has legal capacity within the limits of his legal capacity. A minor who has not acquired full business capacity has legal capacity within the limits of which his business capacity is recognized. A party that does not have legal capacity is represented by its legal representative. The legal representative is determined by law or by an act issued by the authority responsible for social affairs on the basis of the law.

The parties may perform legal actions in person or through a proxy, but the court may require the party who has a proxy to declare himself before the court about the facts to be established in the litigation. A client represented by an attorney may always appear before the court and make statements alongside his attorney. In proceedings before the district court, anyone who has full legal capacity can be a representative.

The claimant can change the claim until the end of the main hearing. An amendment to a lawsuit is a change in the identity of a claim, an increase in an existing claim, or the assertion of another claim in addition to the existing one. The claim is not amended if the claimant changes the legal basis of the claim, if it reduces the claim or if it changes, supplements or corrects individual statements, so that the claim is not changed as a result.

The judgment, which can no longer be challenged by appeal, becomes final, insofar as the claim of the lawsuit or counterclaim is decided in it. During the proceedings, the court must at all times ex officio check whether the matter has already been finally decided. If he finds that litigation has been initiated on a claim that has already been decided upon, he shall dismiss the claim. The judgment must be made in writing no later than 30 days from the day the main hearing was completed. The original of the verdict, which is issued in physical form, is signed by the president of the senate. The parties may appeal against the judgment issued at the first instance within 30 days from the service of the transcript of the judgment, unless another deadline is specified in this law. A timely appeal prevents the judgment from becoming final in that part in which the appeal is contested. Appeals against judgments are decided by the court of second instance.