Publication at Faculty of Law |
2022
Abstract
The paper deals with the recognition of a claim by the defendant in Czech and Slovak legal system. The defendant may at any time during the proceedings admit the claim asserted against him.
The procedural consequence is the issuance of a judgment for recognition, which the Slovak court will issue only on the plaintiff's motion. However, in the in the Czech legal system, a judgment of recognition can be applied without the express will of the defendant or even directly against his will, based on the fiction (presumption) of recognition.
In the conclusion the author summarizes his findings on this phenomenon.