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Duty of the civil court to instruct

Publication at Faculty of Law |
2021

Abstract

In the chapter of the legal monograph entitled Obligation and Liability in Civil Substantive Law and Civil Procedural Law, with the subtitle Special Problems, the author firstly deals with the basic context of the general duty of the court to instruct, its content and classification. Using the example of the instruction on the consequence of the defendant's default of the first hearing, the duty to instruct is then illustrated for a specific procedural situation.

In the conclusion, the author reflects on a possible change in the legislation and summarises the findings of the analysis of the topic.