scholarly journals TRZY TRANSFORMACJE W PROCEDURZE CYWILNEJ W POLSCE W XX WIEKU. WZORCE ROZWIĄZAŃ

2016 ◽  
Vol 11 (2) ◽  
pp. 353
Author(s):  
Anna Stawarska-Rippel
Keyword(s):  
World War Ii ◽  
Legal System ◽  
Comparative Method ◽  
Civil Procedure ◽  
Second Republic ◽  
Civil Proceedings ◽  
Rules And Principles ◽  
The Law ◽  
Polish Law ◽  
Polish Code

THREE TRANSFORMATIONS OF CIVIL PROCEEDINGS IN POLAND IN THE 20TH CENTURY. THE LEGAL PATTERNS Summary Poland’s history over the last century was an eventful period of political, state and legal change. There were three transformations of judicial law due to changing political circumstances in twentieth century Poland. The first transformation occurred when independence was gained in 1918. At that point in Poland five different legal system were in force. The decision to temporarily keep the law of the occupying powers until the new Polish legal system was created was taken by the Polish authorities. The work on Polish civil procedure began in November 1919. Using the comparative method all modern legal answers within European civil procedures, which equated with Polish Law, were drafted in the Polish Code of Civil Procedure. The second transformation in Polish judicial law began after  World War II, when Poland found itself under the political influenceof the USSR. Formal maintenance of the law of the Second Republic of Poland was decided on in People’s Poland. The legal system of the interwar Poland, including the Code of Civil Procedure (1930), did not square with the principles of the new state system. Code of Civil Procedure (1930) had been „adapted“ to contemporary governance, plitical and ideological so that it would mirror as much as possible the Soviet model. The new Code of Civil Procedure that was adopted during November 1964 retained its binding force so far. However when the third transformation came about soon after 1989, the existing system of law was revised to eliminate the rules and principles characteristic of the socialist legal system. Amendments of the Code of Civil Procedure (1964) have increased the adversarial aspect of civil proceedings. The possibility of the court to order the investigations  during the civil procedure was eliminated, but the possibility of the court to obtain evidence ex officio was kept which is intended to guarantee the implementation of the principles of truth, in legal sense and not in the ideological sense.

scholarly journals Abuse of Procedural Rights in Polish and European Civil Procedure Law and the Notion of Private and Public Interest

2019 ◽  
Vol 2 (3) ◽  
pp. 53-85
Keyword(s):  
Public Interest ◽  
Civil Procedure ◽  
European Area ◽  
Stage Of Development ◽  
Civil Proceedings ◽  
Universal Approach ◽  
Private And Public ◽  
The Law ◽  
Polish Law ◽  
Procedural Rights

The article discusses the abuse of procedural rights in Polish and European civil procedure law and the notion of private and public interest. The issue of abuse of procedural rights is a category of applying the law. At the current stage of development there is no simple transposition of the issue of legal interest on the institution of abuse of procedural right; undeniably, the lack of current and real interest, with the assumption of fulfillment of other prerequisites, may be contemplated in categories of abuse of right by the court under ius dicere. In the Polish law it is not sufficient to analyse this phenomenon solely in the sphere of procedural locus standi and there shall be the interest in taking a specific step. There also shall be the awareness of the party taking the step as to its inadmissibility and intention to harm the other party, as e.g. in case of fictitious actions. In the European area it is additionally necessary to create methodology and general approach to abuse of right in European civil proceedings and finding compromising approach towards understanding of the notion of the interest in Roman and Germanic law systems. Because application and development of the law due to lack of procedural fairness and good faith is rather difficult to verify and to define, the advantage of adopting admissibility of a separate international institution of abuse of procedural right would lie in the possibility of applying a universal approach towards abuse of procedural right in all member states. Thiswould mean that each court of the member state would apply the same standard of the test. Finally, the alternative use of exclusively national concepts of abuse of procedural right cannot be continued. It can be assumed that confirmation of the existence of the abuse of European procedural right in a given case would require existence of objective and subjective factors.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

scholarly journals Nowy model postępowania międzyinstancyjnego w sprawach cywilnych

2020 ◽  
Vol 29 ◽  
pp. 272-281
Author(s):  
Katarzyna Woch ◽  
Keyword(s):  
Civil Procedure ◽  
Civil Proceedings ◽  
Specific Goal ◽  
The Law ◽  
Court Proceedings

The Civil Procedure Code’s revision of 4 July 2019 is based on the objective of streamlining, simplifying and accelerating civil proceedings. The solution to achieve such a specific goal, inter alia is change the existing inter-instance proceeding’s model. One of the consequences of the entry into force of the Law of 4 July 2019 is the concentration of inter-in-court proceedings before the court of second instance, which translates into a change in the current way of defining the concept in question. Novum is also a judicial reference to the court’s referenda.

Astreinte in Belgian Law

1985 ◽  
Vol 13 (1-2) ◽  
pp. 17-27
Author(s):  
George E. Glos
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
Fundamental Concept ◽  
French Law ◽  
The Law

Astreinte proceedings, a well known feature of the French law of civil procedure, has been recently introduced into the Belgian legal system. The introduction was brought about by statutory means, the Law of January 31, 1980, that actually introduced into Belgian law the provisions of a Benelux convention on astreinte to apply uniformly in Belgium, Holland and Luxembourg. The provisions are based on those of the Dutch law rather than French law so that what is taken over from the French law relates mainly to the fundamental concept of astreinte and its name.

scholarly journals UDZIAŁ OSÓB NIEUPRAWNIONYCH W WYDANIU ORZECZENIA W POSTĘPOWANIU CYWILNYM - UWAGI NA TLE D.1,14,3 I D.41,3,44 PR.

2017 ◽  
Vol 6 (2) ◽  
pp. 97
Author(s):  
Bartosz Szolc-Nartowski
Keyword(s):  
Common Sense ◽  
Public Interest ◽  
Civil Procedure ◽  
The Other ◽  
Roman Law ◽  
Private Law ◽  
The Public ◽  
Civil Proceedings ◽  
Bona Fide ◽  
Polish Law

Participation of Unauthorised Persons in Issuance of Decisions in Civil Proceedings - Remarks on the Basis D. 1,14,3 and D. 41,3,44 pr.SummaryAccording to Polish civil procedure a sentence given by an unauthorized person is invalid. This was not always the case in ancien Roman law. Ulpianus declared that when a slave, who escaped from his master, became a praetor, his acts were valid. He took into consideration serious problems of those who had put their trust in the praetor’s office as well as the respect for humanitas. A basic common sense requires that what was well decided, should be considered valid. According to the author, Ulpianus realized that the rule of ius civile which determined the requirements for entering in a praetor’s duties had the character of a guarantee. If the purpose, for which this rule was established, was achieved, such acts should be accepted as valid.The question arises whether that approach could be applied to contemporary cases of iudex incompetens. Furthermore, whether it would be justifiable to extend this solution to other - not only procedural – but also material, guarantee rules?The answer is not easy. In D. 41,3,44 pr., a pater familias conducted the procedure of adrogation (adoption) improperly. Papinianus decided that, although pater familias made a justifiable mistake, all that the son enacted in the name of the father, was invalid. Nevertheless a different rule, as the jurist says in D. 41,3,44 pr., must be observed in the case of homo liber bona fide serviens - a person, who being unaware of his free man status, served as a slave. Actions taken by such a person were valid (the purchaser of a slave had to be protected), since transactions of that kind happened very often. More importantly, any other solution would be against the public interest. O n the other hand, it was very rare for a pater familias to wrongly adrogate, therefore the example of pater familias did not create a general rule.It seems quite difficult to indicate one principle which could be applied to all the guarantee rules. As far as the case of an unauthorized person giving sentence is concerned, the Roman private law shows that the regard for the public interest may sometimes justify solutions different from those preferred by Polish law.

scholarly journals Protective function of labour law and amendments to the code of civil procedure

2021 ◽  
Vol 124 ◽  
pp. 35-46
Author(s):  
Anna Boguska ◽  
Łukasz Pisarczyk
Keyword(s):  
Civil Procedure ◽  
Employment Relationship ◽  
Labour Law ◽  
Protective Function ◽  
Procedural Law ◽  
Civil Proceedings ◽  
New Institutions ◽  
Polish Code ◽  
Substantive Law

The purpose of this article is to present the safeguard role of the labour law in the context of labour law disputes. Authors deliberate to what extent the procedural law impacts the substantive law. Particular attention was paid to new institutions of the Polish code of civil proceedings introduced by the law of 4 July 2019 and their influence on the procedural position of the parties of the employment relationship.

scholarly journals SOME CONSIDERATIONS REGARDING THE QUALITY OF PARTY IN INDIVIDUAL LABOUR DISPUTES

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Lavinia Onica Chipea
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Procedure ◽  
Social Dialogue ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Law ◽  
Labour Disputes

AbstractThe paper proposes, based on the analysis of the Code of Civil Procedure and of laborlegislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,to develop analytically and synthetically the institution of the quality of party in a individuallabour conflict.Along with the cited legal provisions, the examples of judicial practice in BihorCounty point out the specific of labor jurisdiction in the Romanian legal system, jurisdictiongoverned by the Code of Civil Procedure, as common law, which is adapted to the speciallegislation of the spirit of this institution.

scholarly journals Postępowanie dowodowe w procesie cywilnym w świetle nowelizacji Kodeksu postępowania cywilnego z dnia 4 lipca 2019 r.

2020 ◽  
Vol 29 (1) ◽  
pp. 27
Author(s):  
Karolina Badurowicz
Keyword(s):  
Civil Procedure ◽  
Civil Proceedings ◽  
Polish Code

<p>The paper pertains to the comprehensive amendment to the Polish Code of Civil Procedure of 4 July 2019, which covered, among others, the regulations concerning evidence in civil proceedings. The amendment influenced all the aspects of evidence procedure: means of evidence, taking of evidence, as well as its assessment. The author attempted to analyse the amended provisions through the essence of the influence that the evidence procedure has on the entire court examination proceedings, and in particular whether the amendment introduced any provisions improving the dynamics of civil procedure.</p>

scholarly journals Os Reflexos do Novo Código de Processo Civil na Exceção de Pré-Executividade em Matéria Tributária

2021 ◽  
Vol 21 (2) ◽  
pp. 114-125
Author(s):  
Mickael Ferreira Alves
Keyword(s):  
Legal System ◽  
Academic Work ◽  
Civil Procedure ◽  
Tax Credits ◽  
Tax Enforcement ◽  
The Face ◽  
The Law

ResumoCom a publicação no ano de 2015 do Novo Código de Processo Civil serão analisados ao longo deste trabalho acadêmico seus reflexos no instituto da exceção de pré-executividade em matéria tributária. Sabe-se que ela é um importante incidente processual de defesa que o ordenamento jurídico do Brasil permite que seja manuseada quando determinada pessoa está sendo executada em face de uma cobrança equivocada quando existe uma Certidão de Dívida Ativa. Também serão analisadas algumas questões pontuais da execução fiscal que sofreram impactos devido a nova legislação processual civil, uma vez que esta é fonte complementar ou até mesmo pode ser invocada como norma principal para os procedimentos administrativos tributários. E por último serão debatidos aspectos relacionados a diferenciação entre a exceção de pré-executividade e os embargos, em que em ambas as situações estão sendo discutidos créditos tributários, em virtude das inúmeras ações tributárias movidas diariamente, inclusive em sede de execuções fiscais conforme disposições na Lei nº 6.830/1980. Palavras-chave: Novo Código de Processo Civil. Exceção de Pré-Executividade. Execução Fiscal. Embargos. AbstractWith the publication in 2015 of the New Code of Civil Procedure, its reflexes in the institute of the exception of pre-execution in tax matters will be analyzed throughout this academic work. It is known that it is an important procedural defense incident that the Brazilian legal system allows it to be handled when a certain person is being executed in the face of a mistaken collection when there is an Active Debt Certificate. Some specific issues of tax enforcement that have been impacted by the new civil procedural legislation will also be analyzed, since this is a complementary source or may even be invoked as the main rule for administrative tax procedures. Finally, aspects related to the differentiation between the pre-execution exception and the embargoes will be discussed, in which in both situations tax credits are being discussed, due to the numerous tax lawsuits filed daily, including in the case of tax foreclosures as provided in the Law No. 6,830 / 1980. Keywords: New Code of Civil Procedure. Pre-execution exception. Tax Enforcement. Embargoes.

scholarly journals Inadmissibility of Civil Proceedings and Access to Court

2019 ◽  
Vol 2 (3) ◽  
pp. 86-95
Keyword(s):  
Civil Procedure ◽  
Legal Situation ◽  
Civil Proceedings ◽  
Polish Code ◽  
Procedural Decisions

By instigating civil proceedings a plaintiff intends to obtain a final and unequivocal judgement on the merits regulating a legal situation which had been unclear prior to the lawsuit. However, reaching this goal will not always be possible. The court might be obliged to reject the lawsuit or annul the proceedings due to formal reasons (cf. Article 199 and article 355 of the Polish Code of Civil Procedure). Such situations give room to considerations whether purely formal, procedural decisions violate litigants’ right to court in the aspect of ‘right to judgement’, i.e. a right to a verdict substantively adjudicating the merits of the case. The author analyzes this issue with reference to the so-called absolute procedural prerequisites (Germ. Prozessvoraussetzungen) and their impact on constitutional and treaty-based guarantees of access to court.

Sign in / Sign up

Export Citation Format

Share Document