Třikrát odepření spravedlnosti v civilním sporném řízení
Triple denial of justice in civil contentious proceedings

Summary/Abstract: Denial of justice (denegatio iustitiae, abnegatio iustitiae; possibly also denial of law, ie denegatio iuris) has its conceptual predecessor in the Roman formula process. The praetor could find the action unfounded and deny it (denegatio actionis) for procedural failure, such as the party's incompetence, or for substantive reasons - the claim may have been based on an outdated norm. Dismissing the lawsuit meant stopping the proceedings; its next stage, the litis of the contest consisting in the praetorial approval of the claim formula and thus the delimitation of the scope of the dispute, could begin only if the obstacle which gave rise to the dismissal of the action had ceased to exist.

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