Dispositional principle in the application of procedural attack and proceduraldefense means in proceedings according to the Civil Procedure Code

Abstract

The article deals with the issue of legal ambiguity in connection with the application of procedural
attack and defense means, primarily in connection with the presentation of evidence. It is not clear
from the legislation whether the party, who has the duty of assertion and proof can at any time during
the proceedings withdraw its proposal for taking evidence and whether the court is bound by such
withdrawal. In other words, whether the court can take the evidence even after the party has informed
the court that it does not insist on taking the evidence and has withdrawn its proposal to take the
evidence. This ambiguity results in a different approach by the court and disregard for the "withdrawal"
of a motion to take evidence, even in cases where the motion's withdrawal is logically justified by a
change in the circumstances of the ongoing proceedings.