Abstract
The paper analyses the material aspects of the parties' procedural activities. In the beginning, attention is focused on the basic questions about the parties to a case, on the procedural subjectivity, the procedural capacity and representation in the proceedings.
In contentious proceedings, the parties have the opposite position, which is consistent with the assertion of conflicting interests of the parties. The parties are traditionally responsible for the conduct and outcome of the proceedings (the burden of allegation and the burden of proof), and therefore an active approach is needed.
If the party is passive, it cannot expect the dispute to win. In the material sense, the demands placed on the parties to a case are connected with proving the substance of asserted claim, especially on the plaintiff 's side.
If the defendant opposes the claim only in a formal (procedural) way, it does not deal with the substance of the claim and merely monitors the court to deny the claim at all.