About some controversial issues concerning the ex officio determination of the claim price under the civil procedure code

Abstract

The aim of this analysis is to present to the reader the issues and problems arising in practice related to the duty of the court under Art. 70 (3) of the Civil Procedure Code to determine the initial price of the claim where this presents a proven difficulty for the claimant. In addition, the theoretical and practical considerations relating to the court’s failure to fulfil its obligation to determine the final price of the claim in the judgment are set out, as well as whose obligation it should be to determine the final price of the claim and the corresponding engagement of evidence to determine that price. Аn examination has also been made of the possible consequences of a flawed judgment in the event of failure complying with the obligations laid down in Article 70 (3) of the Civil Procedure Code. А brief historical analysis of the provision dealing with the determination of the cost of the action is also made.