Procedural responsibility of the party for the outcome of the dispute and the duties of the court in appeal proceedings according to the provisions of the Code of Civil Procedure

Abstract

The article deals with the application of the procedural institutions of the party’s responsibility for the outcome of the court case, especially in the context of the appellate court being bound by the grounds of appeal, or the appellate court’s obligation to express a legal opinion if it reached different legal conclusions than the court of first instance. We confront the aforementioned institutes of procedural law with the institutes of procedural law according to the previous legislation (Act No. 99/1963 Coll. Civil Procedure Code), as well as with judicial practice, which looks at the procedural responsibility of the party differently in the context of the requirement for a certain quality of procedural actions of the parties.