Știri juridice
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news
Bearing the burden of proof
The Constitutional Court of the Slovak Republic (CC) has relaxed the burden of proof for certain plaintiffs. The Court ruled that, in disputes between a hospital and its patient concerning compensation, the patient is considered the “weaker” party. Further, the Court stated that the weaker party has an “unbalanced requirement”
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Protecting employers’ interests in labor law?
It is one of the fundamental principles of labor law that the employee should afford special protection, given that they are the weaker party to the employment relationship. Of course, this fact is reflected in the case law of the labor courts, whose rulings usually favor the employee. Having said
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New tool to make decisions on damages for pain and suffering more predictable
The Czech Supreme Court, in collaboration with the Center for Traffic Research, has commissioned a new databank which provides information about case law on compensation for immaterial injury to persons' life and health (i.e., pain, barriers to participation in a full and self-determined social life) and claims of immaterial damage
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Forcing plaintiff to put court fees in escrow
The Constitutional Court of the Slovak Republic finds an occasional obligation for plaintiff to place defendant’s potential costs in escrow prior to ruling. Defendant, a Slovak bank, was sued by an offshore company for approximately 127 Million EUR. Defendant argued that the combination of a speculative claim by plaintiff, combined by
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The newly prepared Code of Civil Justice in the Czech Republic
The Czech Code of Civil Justice currently in force was passed in 1963, at a time of wildly different social and political circumstances. Many shortcomings have since been successfully removed from the law, but it continues to suffer from the excessive complexity, inconsistencies, and often a lack of clarity of