Summary

If a county court violates the duty to give explanations and this is considered to be a material violation of procedural law, the circuit court shall annul the judgement of the county court based on subsection 652 (1) of the Code of Civil Procedure regardless of whether or not the parties requested it or filed an objection with the county court in time. The Supreme Court has also given instructions that, based on the principle of procedural economy (section 2 of Code of Civil Procedure), the circuit court shall first try to resolve the matter itself and only by way of derogation from this principle refers the matter to county court for a new hearing.

Does the extent of the duty of qualification and explanation of the circuit court differ from that of the county court? Are there limits to it and are the rights of the participants in the proceeding sufficiently guaranteed in a situation, where the circuit court assumes the tasks of the county court? The article is seeking answers to those questions.