Tomáš Mach
Author’s affiliation: Faculty of Law, University of West Bohemia

The Techniques and Extent of Determining the Content of Foreign Law in the Czech Civil Procedure

Jurisprudence 4/2020 Section: Discussion Page: 29-35

Keywords: foreign law, proving foreign law, foreign law in the Czech civil procedure

Abstract: This article discusses the topic of proving foreign law in the Czech civil procedure in the light of case-law of the Supreme Court of the Czech Republic. The piece analyses the shortcomings of courts that appear in decisions of the courts of lower instances, shortcomings that the Supreme Court of the Czech Republic repeatedly needed to correct with a view to the fact that foreign law is law under the governing doctrine in Czech private international law. As regards the development of case law, the article discusses the procedural duties of the respective actors of a proceeding based upon the presumption that foreign law is law. Moreover, the article provides a comparative outlook into how this issue is tackled by other selected orders.