And what should be done if the losing party refuses to pay (they don’t have enough assets), doesn’t want to work, or has simply checked out entirely? And, perhaps a silly question, but how can one reliably find out about previous court decisions? It’s not like reading reviews for a pizzeria.
Yura
What should a restaurateur do if a customer orders a lavish lunch, eats, and then, without paying, grabs a fork, stabs themselves in the eye, and dies? Write off the losses. What should a court do that agreed to judge a client who was clearly unable to pay for its services? Write off the losses.
Of course, a court could try to make a decision based not on the correctness of one of the parties in the conflict, but on their solvency. But people go to court voluntarily and choose it from many competing offers on a free market. In the long run, such judicial bias is no longer a profitable strategy. Another thing is that a court is not obliged to take on every case brought to it. For a small claim — find a cheaper court or settle it on your own.
As for reliable information about previous court decisions, both the courts themselves (if they believe they have a right to be proud of them) and their potential clients are interested in its provision. Whether such information will be collected in a registry of some association of courts, or whether a private aggregator providing excerpts to anyone for a modest fee will handle it — I won’t make such a detailed prediction, as there are many quite viable options, and it’s not even a fact that exactly one will eventually dominate the market. It is clear that not all decisions of all courts will end up in such registries, just as buying a bag of sunflower seeds is usually not recorded on a blockchain. After all, a court is simply a service, and in a free market, it can be provided by anyone to anyone, as long as the principle of voluntariness is observed.
