Publication details
Určení (ne)platnosti právního jednání v rozhodovací praxi Nejvyššího soudu
| Title in English | Declaration of the (In)validity of a Legal Act in the Case Law of the Supreme Court of the Czech Republic |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Article in Periodical |
| Magazine / Source | PRÁVNÍ ROZHLEDY |
| MU Faculty or unit | |
| Citation | |
| web | https://app.beck-online.cz/bo/chapterview-document.seam?documentId=nrptembsgzpxa4s7gzpxgxzrhe3a&refSource=search-facets&ols=&searchScope=all&searchType=normal |
| Keywords | declaratory action; invalidity of a legal act; subject matter of declaration |
| Description | The law makes the success of a declaratory action contingent upon the claimant demonstrating a legitimate legal interest in the requested declaration. In addition, the law defines what constitutes an admissible subject matter of the declaration. Under the current legal framework, a declaratory action may seek only a declaration of a right or a legal relationship. The concepts of a right and a legal relationship inherently give rise to interpretative difficulties. In the context of declaratory actions, legal doctrine tends to adopt a rather restrictive approach to the scope and content of these concepts. As a result, it is generally considered impermissible to seek, for example, a declaration concerning preliminary issues or the validity of a legal act. However, a closer examination of case law reveals that the position traditionally advocated in the literature is problematic. This text therefore examines how judicial practice approaches declarations of (in)validity of legal acts and, in that context, reflects on the established understanding of the subject matter of declaratory relief. On the basis of a critical analysis of case law concerning the declaration of (in)validity of legal acts, it confronts the traditionally held theoretical position on the subject matter of declaratory actions, highlights its unsustainability, and formulates a hypothesis as a starting point for further theoretical inquiry into the concept of the subject matter of declaratory relief. |
| Related projects: |