PL EN


2015 | 1 (201) | 151-165
Article title

Timmediately enforceable of judgements and the principle equality of the parties

Title variants
Languages of publication
PL
Abstracts
EN
Author of the article describes the problems related to the legitimacy and enforceability of judgments which are enforceable later. The obligation to enforcement of the judgment is also stemmed from the rule of law. This principle implies an order to take over in legal authorities and institutions of the measures directly aimed to enforce the provisions of the final judgment by the courts. Namely, in the case of the cassation appeal, if as a result of enforcement side could be caused irreparable damage, the court of second instance may suspend implementation of the contested judgment until the completion of the appeal or make the execution of that judgment - in the event of dismissal of the appeal as court of first instance - from submission through the plaintiff reasonable protection. Conversely, in some situations, the legislator has provided the possibility for a judgment creditor even before the execution of the decree, allowing its immediate implementation. The feasibility of this may be due by law or judicial decision.
Year
Issue
Pages
151-165
Physical description
Contributors
  • Uniwersytet Gdański, Jana Bażyńskiego 8, 80-309 Gdańsk, Poland
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-7be94716-5e09-4108-8c96-b4f98f3279c8
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