In the legal literature and judicature, one of the formal and legal prerequisites for the admissibility of an appeal is the existence of a legal interest in appealing against a judgment. If it is not shown, the appeal shall be rejected, unless its recognition is justified on the grounds of public interest.
It is assumed that the condition for granting judicial protection is the existence of an objective need for it to be obtained by the entity asserting its rights, which is defined as a legal interest. Initiating civil proceedings and undertaking procedural actions by private entities should be confronted with whether there is an objective need to initiate proceedings in a specific case.
However, the Code of Civil Procedure stipulates that the interested party may participate in any state of the case until the end of the proceedings in the second instance. According to Art. 510 § 1 of the Code of Civil Procedure, anyone whose rights are affected by the outcome of the case is interested, and if they take part in the case, they become its participant. In the judicature, the concept of an interested person is defined broadly. It is assumed that the legal interest within the meaning of this provision may be both direct and indirect. In the decision of September 25, 2019, file no. III CZ 32/19 The Supreme Court stated that the broad understanding of a legal interest as a premise justifying the assignment of the status of an interested party to a specific person does not exempt the court from the obligation to assess in the facts of a given case who is and who should be a participant in the proceedings. In this way, the Supreme Court places an obligation on the courts to assess the question of being concerned in the context of each specific case.
In the same case, the Supreme Court stated that the bank, as a mortgage creditor, has no legal interest in participating in a case for the division of joint property, if the division of the mortgage-encumbered property takes place by granting it to one of the spouses or if the property is physically divided.
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