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The concept of locus standi in civil procedure and the possibilities of correcting its lack

Publication at Faculty of Law |
2021

Abstract

The locus standi is a procedural institute identifying a party's substantive relationship to a case pending before court that has no influence on participation in the proceedings. Its lack is reflected in the final court decision and leads to the dismissal of the petition.

Czech civil procedural law, as well as Slovak law system, contains two special procedural institutes (covered by the concept of participation), through which the lack of locus standi could be remedied during the initiated proceedings. These are the institution of another participant's intervention in proceedings and the replacement of a parties.

Both need to be distinguished from the procedural situation of the lack of locus standi, which occurs only in the course of the proceedings and which is dealt with by procedural succession. Finally, the results of the analysis of selected issues are summarized.