Obligation of the disputing party to state true allegations and legal consequences of breach of the obligation to make an allegation in proceedings under the Civile Procedure Code

Abstract

The article deals mainly with the issue of the dispute party’s obligation defined in § 150 of the Civil Procedure Code (Act No. 160/2015 Coll., Hereinafter „CSP“), according to which the parties in court proceedings are obliged to state truthfully and completely substantive and decisive facts. allegations concerning the dispute. The sanction itself for violating this obligation is not explicitly defined by law. However, the CSP is based on the principle of procedural responsibility for the outcome of the dispute and also on the fact that the litigant must be active in the proceedings – if he wants to be successful. According to the decision-making practice and opinions presented in professional publications, a breach of this obligation should result in a „loss of litigation“. This means that the party who knowingly made to the court whether it made false, semi-true allegations or whether it concealed material matters for the merits of the dispute of which it knew or could have known will be unsuccessful. It must therefore be held that the party who has infringed the provisions of Paragraph 150 of the CSP should be unsuccessful in the proceedings, regardless of the intensity and extent of that infringement, as well as regardless of the substantive requirements of the present case. Unfortunately, in practice it is sometimes the other way around. Those who perform their procedural duties properly are at a disadvantage compared to those who lie.