The Appeal of Fault in Civil Litigation pursuant to the Amended Civil Court Order

The new legal regulation of the appeal of fault as an extraordinary appeal against the effective decisions of the appellate court in civil litigation (Act No. 519/1991 Coll.) is the subject of this paper. Having outlined the historical development (I) and a brief overview of appeal of fault systems (II) the author analyses the respective provisions of this law: on the admissibility of an appeal of fault (III,l), on the reasons for the appeal of fault (III,2), on the appeal of fault proceeding (III,3) and on the courts of appeal of fault decision taking procedure (III,4). In the last chapter the author criticises the valid legal regulation of the appeal of fault proceeding and ads several reflections "de lege ferenda". He particularly criticises the inaccuracies and the inconsistencies of the legal regulation of the appeal of fault admissibility, the incompatibility of the legal reasons for the appeal of fault with the exclusive principle of decisions (i.e. the cassation) and finally expresses his doubts about the acceptability of the decentralisation of the appeal of fault competence among three appeal of fault courts: the Supreme Court of the Czech Republic and two High Courts.