Circumstances of the Case and their Impact of the Assessment of Defect on the Application

The author of the article analyses if and to what extent the courts take into consideration the circumstances of the given case and if they judge whether the legal action should be denied for its imperfections. Primarily he takes into account the up-to-date judicature of the Supreme Court and of the Constitutional Court. He measures the judicature with the opinion of the prominent Czech processualists at the same time. He comes to the conclusion that our courts, as far as the imperfections of the legal action are concerned, prefer the objective point of view without taking into consideration the reason of the imperfection. Never the less in the exceptional cases, when the imperfections of the legal action can not be laid to the plantiff´s charge, it is possible to deal with the legal action which should be denied under standard circumstances. The same extraordinary action comes into question in the case that the court must compensate the deficit of the equality between the procedural subjects or if with regard to the extent, complication or long-term lasting of the legal relationships between the participants, it is not possible to call for having all the relevant legal facts being described in the legal action.