(Ne)odporovateľnosť dohody schválenej formou súdneho zmieru v porovnaní českej a slovenskej súdnej praxe

A lawsuit is inseparably linked to the desired and, in particular, the expected outcome, namely the substantive and authoritative judicial decision. There can be no more fundamental doubt that at least one party to the dispute will not always be satisfied with their statements. If the parties to the dispute have no interest in continuing to litigate, the dispute may also end in an alternative way, other than by a court’s decision on the merits, i.e., by court settlement. But what if the parties to the dispute present the court with a settlement that steals from the creditor? The purpose of this article is to provide an analysis of Slovak and Czech case law on the issue of creditors’ lawsuits against decisions approving a court settlement with reference to lawsuits for the settlement of the community property of spouses.