If the court did not include a negative decision in the substantive decision concluding the proceedings, e.g. dismissing the application for settlement of outlays, the party should submit an application for supplementing the decision. In such a situation, an appeal would be directed against a non-existent judgment. This view was expressed by the Supreme Court in its decision of 20 December 2019, file ref. IV CZ 103/19.
In the case in question, the District Court ruled on the outlays made on the joint property, deciding to grant the application of a participant in the proceedings in part. The court, however, did not dismiss the application for the remainder of the expenditure, which it should have done. The participant appealed to the District Court, which indicated that the appeal was inadmissible in this situation. The court justified its inadmissibility in this respect with the lack of a decision in the District Court’s decision on partial dismissal of the application regarding the settlement of outlays.
The Supreme Court drew attention to the problem of the admissibility of an appeal with an appeal that did not exist in the decision on the division of the joint property of the former spouses.According to Art. 684 of the Code of Civil Procedure, which is relevant in the case of the division of joint property, the composition and value of the divided estate is determined by the court. Therefore, the court is obliged to determine the composition and value of the joint property to be divided. In practice, this means that it is the court that is obliged to determine the value of the outlays made of this property on personal property.
The Court’s failure to resolve, even partially, in the operative part of the decision will be subject to verification by submitting an application to supplement the decision, and not by lodging an appeal.