It is known that court instances in the countries belonging to the Anglo-Saxon system of law, in solving litigations the „discretionary law” is applied, and the decisions pronounced in conformity with the discretion of the judge often become norms of the law, obligatory, as a regulatory instrument. This practice, resulting from the discretionary law of the judge is widely discussed not only by practitioners – judges, other participants in the process, but also scientists, theoreticians, politicians. Many elements, component parts of this „discretionary law” are interpreted contradictorily, every author motivating his or her position, which, depending on the described situation, is justified, and has the right to exist.