What does a civil lawsuit solve? Like inheritance, child custody or wrongful termination

What resolves the most common civil disputes?

Civil law disputes are primarily governed by the Civil Code and the Code of Civil Procedure. The Civil Code regulates substantive law, i.e. the rights and obligations of the parties to legal relations, while the Code of Civil Procedure lays down procedural rules for the conduct of civil disputes.

Civil law disputes are wide-ranging and vary in nature, always depending on the specific subject matter of the dispute. They most often deal with property, family, commercial and labour conflicts. This type will therefore concern you if you need to resolve an inheritance or property dispute through the courts, if you are going through a divorce or child custody dispute, or if you want to, for example, challenge a termination of employment or defend yourself against a breach of (commercial) contract by the other party.

The course of civil proceedings: from claim to judgment

If you get into a dispute and resolve it through civil proceedings, be prepared for a complex process involving several stages. There is a long road to the judgment itself. Therefore, before filing the lawsuit, try to find an out-of-court settlement by conciliation, sometimes negotiation helps, sometimes mediation comes into play.

If you and the other party eventually manage to reach an agreement, you will save the costs of formal court proceedings as well as time. At this stage, we recommend that you consult with a solicitor who will assess your chances of success and, if necessary , help you prepare your claim to support you as much as possible in court.

Sometimes, however, even the best will is not enough and court proceedings are the only possible way forward. Civil proceedings are initiated by filing a lawsuit with the competent court. The complaint must contain a clear and specific statement of your claims and the evidence you plan to present in the proceedings. An important part of the statement of claim is the legal basis on which you, as the claimant, seek to protect your rights.

This is followed by the trial itself, at which you and the opposing party will present your arguments and evidence. The judge presides over the entire procedure, deciding what evidence to admit, examining witnesses and ensuring that all procedural rules are followed. In this case, it is more than appropriate to leave the legal argumentation and advocacy to a lawyer. When choosing one, take into account his or her specialisation in the type of dispute and his or her ability to communicate effectively and defend your interests.

At the end of the hearing , the court will issue a judgment. In this judgment, the court will decide whether the plaintiff’s claims are justified and whether the defendant is obliged to comply with the requested performance, i.e., for example, whether the defendant must pay a certain amount, hand over things, withdraw a statement, refrain from certain actions, etc. This judgment is binding and must be respected by both parties. However, they have the right to appeal.

Once the court has given a judgment, it must be enforced, so the defendant is obliged to comply with everything the court has ordered, for example to pay. If the defendant resists and refuses to comply voluntarily, the plaintiff can apply for enforcement of the judgment. In such a case, the bailiff steps in. It is within his power to seize the debtor’s property in order to ensure that the claimant receives what the court says he is entitled to and to obtain compliance with the judgment. The defendant has the possibility to defend himself against such a judgment, which he perceives as wrongfully issued, by bringing an action to stop the execution.

Do you disagree with the judgment? Even in civil litigation, you can appeal

There is rarely complete satisfaction on both sides after a judgment has been handed down. Whether you are the plaintiff or the defendant, if you disagree with the court’s decision, you may appeal the judgment to a higher court. However, the appeal must be filed within the time limit, the law usually gives 15 days from the date of service of the judgment.

The appellate court will then review whether the lower court was correct, both legally and factually. In addition to an appeal , you can also use other remedies, such as an appeal to the Supreme Court, a review of the decision by the Constitutional Court or a motion for a retrial. Each of these remedies has its own specific conditions and procedures which must be followed carefully.

Can civil disputes be resolved other than through the courts?

Yes, even in civil matters you can use alternative dispute resolution methods, which can often be quicker and less expensive.

The first alternative is mediation. This is a process in which the parties try to reach an agreement using a neutral mediator, known as a mediator. The mediator makes no decisions but helps the parties to find a compromise and a solution. You can use mediation especially when you want to maintain good relations with the other party, for example in family or commercial disputes.

You can also use arbitration. Arbitration is a more formal alternative to court proceedings in which both parties are not adjudicated by a court but by independent and impartial arbitrators. These arbitrators may be appointed by the court or appointed by the parties to the dispute themselves. Arbitration is often used in commercial disputes, even international ones, as it allows for a quick and confidential resolution. Confidential for the fact that arbitration is conducted in private, therefore the parties do not have to worry about revealing sensitive information to the public.

Negotiation is the simplest and most direct way to resolve a dispute. During this process, the parties try to reach an agreement on their own, without any third party intervening. However, the negotiation process can only be effective if both parties are willing to work together and are willing to seek a mutually beneficial solution.

In civil proceedings, a lawyer plays the role of an indispensable guide. His role is not only to prepare the claim and represent the client in court, but also to provide legal advice and strategies that can significantly influence the outcome of the case.

A little practice never hurts

Do you feel that you are still a bit lost in the whole issue of civil litigation? To help you understand, here are some specific cases. One of them, for example, is an inheritance dispute. There are several survivors and they argue about who gets what. Or the testator leaves a will, but it is not properly drafted and is so unclear that it does not allow a clear decision. In such cases, it is necessary for judicial professionals who can correctly interpret the law and the evidence to take over the case.

Another example is a dispute between business partners. One of them fails to perform a contract and the other runs out of options to force him to do so. He may then resort to filing a civil lawsuit.

Summary

In civil litigation, you can resolve problems within the family, regarding inheritance, with business partners or with employers and employees. If you are considering bringing a civil lawsuit, first consider whether it might be better to try one of the alternative routes such as mediation, arbitration or negotiation. If these methods are not an option for you or have already failed, you can proceed to court.