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The bank charges' dispute assesed from the perspective of the fundamental procedural principles

Publication |
2015

Abstract

The article analyses procedural practice of Czech courts that ruled in the case of ille- gality of charges for loan administration and management. It deals with the effects on the courts and individual parties to proceedings caused by decisions on the method of processing a large number of identical or similar petitions, on the (non-)issue of electronic payment orders, interpretations of the law on court fees, assessment of powers of attorney, and the decision on the costs of the proceedings.

It evaluates all these procedures and decisions in terms of principles of legitimate expectations, predictability of judicial decisions and economy of judicial proceedings. Based on an analysis carried out, it proposes possible improvements in the area of legislation and judicial practice.