Article 238. Deliberation procedure
(1) Only the judges before whom the case was tried shall take part in the deliberation. The panel of judges shall deliberate in secret. Disclosure of the deliberations shall be prohibited.
(2) The panel of judges shall deliberate, under the chairmanship of the chairman of the hearing, all the issues provided for by law to be resolved, assess the evidence, determine the circumstances and the nature of the legal relationship between the parties, the law applicable to the resolution of the case and the admission of the action. Each issue shall be posed in such a way that an affirmative or negative answer can be given.
(3) The decision shall be adopted in accordance with the rules established in art. 48.
(4) The result of the deliberation shall be recorded in the full decision or in its operative part, signed by all the judges who participated in the deliberation, including the judge who has a separate opinion. The changes made to the content of the decision shall be recorded above the signatures of the judges.
(5) After signing the decision, no judge may change his/her opinion.
Article 239. Legality and basis of the decision
The court decision must be legal and well-founded. The court shall base its decision only on the circumstances established directly by the court and on the evidence examined in the court session
Article 240. Issues resolved when deliberating the decision
(1) When deliberating the decision, the court shall assess the evidence, determine the circumstances that are important for the resolution of the cases, which have been established or not, the nature of the legal relationship between the parties, the law applicable to the resolution of the case and the admissibility of the action.
(2) If, during the deliberations, it considers it necessary to clarify new circumstances important for the resolution of the case or to further examine the evidence in the file, the court shall issue a ruling to resume the judicial debates. After examining the case on the merits, the court shall again hear the pleadings of the participants in the trial.
(3) The court shall adopt the decision within the limits of the claims submitted by the plaintiff.
Article 241. Content of the decision
(1) The court shall adopt the decision in the name of the law.
(2) The court decision shall consist of the introductory part and the operative part. In the cases provided for in art. 236 para. (5), the court decision shall consist of the introductory part, the descriptive part, the reasoning and the operative part. Each part of the decision shall be highlighted separately in its text.
(3) The introductory part shall indicate the place and date of adoption, the name of the court that pronounces it, the names of the members of the court panel, the clerk, the parties and other participants in the process, the representatives, the subject of the dispute and the claim submitted to the court, the mention of the public or closed nature of the hearing.
(4) The descriptive part shall briefly indicate the claims of the plaintiff, the objections of the defendant and the explanations of the other participants in the process.
(5) The reasoning shall indicate: the circumstances of the case, established by the court, the evidence on which its conclusions regarding these circumstances are based, the arguments invoked by the court when rejecting some evidence, the laws by which the court was guided.
(6) The operative part shall include the court's conclusion on the admission or rejection of the action in whole or in part, the distribution of court costs, the means and the deadline for appealing the decision.
(7) If the court orders the immediate execution of the decision, the operative part shall establish a reasonable deadline for voluntary execution, as provided for in art. 256 paragraph (11). If it has rejected the plaintiff's claims, the court shall order, by decision, the annulment of the measures to secure the action.
Article 242. – repealed.
Article 2421.Transfer of bank shares pursuant to court decision
The court may order the transmission of bank shares only if these shares constitute the material subject matter of the dispute.
Article 243. Decision on the collection of a sum of money
The court, when issuing the decision to collect a sum of money, shall record in the operative part, in figures and letters, the amount and the currency in which it is collected.
Article 244. Decision on the declaration of the nullity of an enforceable document
Upon admitting the action on the declaration of the nullity of an enforceable document, on the basis of which the collection is indisputably carried out, the operative part of the decision shall indicate the document that is not to be enforced, the number and date of its issuance, as well as the amount whose settlement is not allowed.
Article 245. Judgment on the conclusion or modification of the contract
(1) The operative part of the judgment on the dispute on the conclusion or modification of a contract shall state the decision on each questionable clause in the contract. In the dispute on the conclusion of the contract, the type of contract and the clauses under which the parties are obliged to conclude the contract shall be stated.
(2) The operative part of the judgment in the dispute brought for the purpose of declaring the abusive nature of certain contractual clauses, drawn up to be used in a multitude of contracts, shall establish the nullity of these clauses, the obligation of the trader to exclude them from the contract in question, the obligation to exclude these clauses from contracts with the same subject matter, concluded with other consumers, in force at the time of the judgment, as well as the prohibition imposed on the trader to include such clauses in contracts with the same subject matter to be concluded with consumers.
Article 246. Judgment on the award of the property or its equivalent
When the property is awarded in kind, the court shall indicate its equivalent in the judgment.
Article 247. Judgment on the performance by the defendant of certain mandatory acts
(1) In the judgment by which the defendant is obliged to perform certain acts not related to the delivery of a property or sums of money, the court may indicate the right of the plaintiff, in the event of the defendant's failure to execute the judgment within the time limit, to perform the acts on his account, collecting from him the expenses incurred in this way.
(2) If the judgment can only be executed by the defendant, the court shall establish a term for execution.
(3) The decision by which an organization or an administrative body is obliged to execute acts (to adopt a decision) not related to the delivery of property or a sum of money shall be executed by the head of the organization or the administrative body within the term established by the court. In the event of non-execution of the decision for unfounded reasons, the court that issued it, based on the report of findings drawn up by the bailiff, shall apply against the head of the organization or the administrative body the coercive measures provided for by the legislation on the execution of court decisions, and, at the request of the interested person, the court may oblige the guilty parties to repair the damage caused by non-execution.
Article 248. Judgment adopted in the interest of several claimants or against several defendants
(1) When pronouncing a judgment in the interest of several claimants, the court shall state the extent to which the judgment relates to each claimant or the joint and several nature of the right to pursue.
(2) If the judgment is adopted against several defendants, the court shall state the extent to which the judgment must be executed by each defendant or the joint and several nature of their liability.
Article 249. Correction of errors in the judgment
(1) After pronouncing the judgment, the court that adopted it shall not have the right to annul or amend it.
(2) At the request of the participants in the trial or ex officio, the court shall correct the errors or omissions in the decision relating to the name, procedural capacity, any other obvious material or calculation errors. The issue of correcting such errors shall be resolved on the basis of the file and/or the materials attached to the request for correction of errors or omissions, without summoning the participants in the trial. The court examining the issue of correction may order the summoning of the participants to rule on the grounds for correction. However, their failure to appear shall not prevent the examination of the correction of errors.
(21) If the request for correction of errors or omissions in the decision is submitted during the examination of the case in the appellate or res judicata court, it shall be resolved by the respective court.
(22) If the request for correction of errors or omissions refers to documents issued by the court of appeal or cassation, it shall be resolved by the respective court.
(3) The conclusion by which the court rules on the request shall be communicated to the participants in the process and may be appealed.
(4) The provisions of this article shall also apply to the correction of errors or omissions in court conclusions, decisions and ordinances.
Article 250. Supplementary decision
(1) The court that issued the decision shall issue, ex officio or at the request of the participants in the trial, a supplementary decision if:
a) it has not ruled on a claim made by the parties or by the main intervener;
b) in resolving the issue of the right in dispute, it has not indicated the amount awarded, the goods to be delivered or the actions that the defendant must perform;
c) it has not resolved the issue of the distribution of court costs between the parties or has omitted to rule on the requests of witnesses, experts, specialists, interpreters or representatives regarding the court costs for which they are entitled.
(2) The issue of issuing an additional decision may be raised within the term of the forced execution of the decision. The court shall issue, after examination in a court session, the additional decision, which may be appealed in the order established by this Code. The participants in the trial shall be notified of the place, date and time of the session. However, their failure to appear shall not prevent the examination of the issue.
(3) The application for the adoption of an additional decision shall not be subject to state fee and stamp duty.
(4) The court decision rejecting the application for issuing an additional decision shall be subject to appeal.
Article 251. Explanation of the decision
(1) If explanations are necessary regarding the meaning, extension or application of the operative part of the decision or if the decision contains contradictory provisions, the issuing court, at the request of the participants in the process or the bailiff, shall provide explanations regarding the operative part or omit the contradictory provisions without modifying the content of the decision.
(11) The formulation of requests regarding the explanation of judicial acts of disposition by which the merits of the case are not resolved is not allowed. The respective requests, submitted by the subjects mentioned in paragraph (1), shall not be examined and shall be annexed to the materials of the file by means of a protocol conclusion not susceptible of appeal.
(2) The explanation of the decision is admissible if it has not been executed and the term for forced execution has not expired.
(3) The explanation of the decision shall be made in a court session. The participants in the trial shall be notified of the place, date and time of the session. However, their failure to appear shall not prevent the explanation of the decision.
(4) The court decision regarding the explanation of the decision shall be subject to appeal.
Article 252. Postponement and scheduling of the execution of the decision, change of the method and order of its execution
(1) Depending on the material situation of the parties or other circumstances, the issuing court, at the request of the participants in the trial or at the proposal of the bailiff, postpones or schedules the execution of the decision, and also changes the method or order of its execution.
(2) The requests referred to in para. (1) shall be resolved on the basis of the file and/or the materials attached to the application and, where appropriate, the reference, without summoning the parties and/or the bailiff. The court shall forward the application and the attached copies to the participants in the process, setting a deadline, under the conditions of art. 186, for filing the reference. The court may order the summoning of the parties and/or the bailiff to present themselves regarding the respective application.
(3) The court decision regarding the postponement or scheduling of the execution of the decision, the change of the method and order of its execution shall be subject to appeal.
(4) The execution of the transaction approved by the court may be postponed or the method of execution may be changed, in accordance with the provisions of this article.
Article 253. Indexation of awarded amounts
(1) At the request of the creditor or the debtor, the court that resolved the case shall, by a ruling, index the amounts awarded by the judgment rendered, depending on the situation at the time of enforcement of the judgment.
(2) The request for indexation of awarded amounts shall be examined in a court session. The participants in the trial shall be notified of the place, date and time of the session. However, their failure to appear shall not prevent the resolution of the indexation.
(3) The ruling on the indexation of awarded amounts shall be subject to appeal.
Article 254. Final and irrevocable court decisions
(1) The court decisions issued in the first instance, subject to appeal, after the examination of the case on appeal, shall remain final.
(2) The court decisions shall remain irrevocable:
a) issued in the first instance, after the expiration of the appeal term, if the interested participants have not exercised the appropriate appeal;
a1) issued in the first instance, contested by appeal, without the right of appeal;
b) issued by the appellate court, after the expiration of the appeal term, if the interested participants have not exercised the appropriate appeal;
c) issued by the appellate court, after the examination of the appeal.
(3) After the decision becomes irrevocable, the parties and other participants in the process, as well as their successors in rights, may not submit a new request for summons to court with the same claims and on the same grounds, nor may they contest in another process the facts and legal relationships established in the irrevocable court decision.
(4) The irrevocable court decision is binding on the person in whose interest the process was initiated by the bodies and persons specified in Article 7, paragraph (2).
(5) If the defendant is obliged, by final judgment, to make periodic payments and if the circumstances that influence the determination of the amount of the payment obligations or their duration change, each party is entitled to file a new claim in court and request a change in the amount of the payment obligations or their term, filing a new action.
Article 255. Enforcement of the judgment
The judgment shall be executed voluntarily, in the manner established by law, within a maximum period of 15 days after it becomes final, with the exception of the judgments provided for in art. 256. After the expiry of the term provided for in this article or the term established in accordance with the provisions of art. 256 paragraph (11), the creditor may request forced execution under the terms of the Executive Code (Enforcement Code).
Article 256. Immediate execution of the decision
(1) The court order or decision by which the defendant is obliged to pay:
a) maintenance pension;
b) salary and other rights arising from employment relationships, as well as the indemnities provided for by the statute of the unemployed, in the amount of an average salary;
c) compensation for damages caused by bodily injury or other health damage or by death, if the compensation was made in the form of periodic cash benefits;
d) an average salary for forced absence from work, in the case of reinstatement in service.
(11) The court that issued the order or court decision provided for in paragraph (1) shall establish in the operative part a reasonable term for the voluntary execution by the defendant of his obligation, which may not exceed 15 days from the issuance of the order or court decision.
(2) The court decision regarding the reinstatement of the employee who was unlawfully dismissed or transferred shall be executed immediately.
Article 257. – repealed.
Article 258. Ensuring the execution of the decision
At the same time as pronouncing a decision regarding the award of sums of money, goods or their equivalent, the court, at the request of the interested party, submitted at the latest during the pleadings, is entitled to order in the operative part of the decision the application of security measures, according to the provisions of Chapter XIII.
Article 259. – repealed.