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Právna povaha naliehavého právneho záujmu

100%
Gešková K.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
|
2022
|
vol. 161
|
issue 9
897-923
EN
In the article, the author discusses the question of the legal nature of the urgent legal interest on the declaration of the right, which the court examines in the declaration action. The author finds out that there is no clear answer to this question in legal doctrine. In principle, it can be said that there are two approaches. According to the first, the legal interest is a substantive condition and part of the substantive claim. According to the second, it is a procedural prerequisite. The article discusses these two approaches in detail and highlights the divergent views of jurisprudence and legal theory. In particular, the author considers the practical consequences of concluding that a legal interest is of a substantive or procedural nature to be significant. She concludes that the legal interest has procedural nature and is examined ex officio by the court. She asks that if legal interest has procedural nature, whether it is a procedural condition. The article is also supplemented by a brief comparison within Central Europe.
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