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Projekt stanowiska Sejmu w sprawie o sygn. akt SK 28/12

100%
Tomaszewska A.
Zeszyty Prawnicze BAS
|
2013
|
issue 3(39)
300-316
EN
The opinion presents Sejm’s draft position in the proceedings before the Constitutional Tribunal in relation to the constitutional complaint (ref. No. SK 28/12) concerning the Code of Civil Procedure. The author claims that the challenged Article 378 §1 of the Code, to the extent that it requires the court of second instance to take into account – by the operation of law – the nullity of legal proceedings resulting from improper authorization of an attorney only within the “scope of appeal”, is consistent with Article 45 (1) and Article 77(2) of the Constitution.
2

Wznowienie postępowania w polskim prawie procesowym cywilnym w latach 1933–1939

88%
Krygier G.
Prawo
|
2015
|
issue 319
195 - 209
XX
The validity of court rulings was extremely important to the judiciary. It served to uphold the authority of court rulings, the legal order and the interests of the state. However, when a ruling turned out to be obviously wrong and unjust, there had to be a possibility for the proceedings to be resumed and end with a valid ruling. In 1918–1933 the binding civil procedure in Poland was that of the partitioning powers. The German, Austrian and Russian procedures provided for a possibility of proceedings to be resumed, but resolved the issue in a variety of ways. The members of the Codification Commission faced the difficult task of creating a uniform instrument of resumptionof proceedings. The author of the present article discusses the problems facing both the authors of the 1930 Code of Civil Procedure as well as people who subsequently applied the provisions of the code in practice.
3
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Granice mocy wiążącej wyroków karnych w postępowaniu cywilnym

76%
Koper R.
Studia Prawnicze
|
2016
|
issue 1 (205)
127-152
EN
The paper is a study of binding force of criminal court’s judgement in civil proceedings, related to issue of applying of the article 11 of the Code of Civil Procedure. The aim of the paper is an attempt to delineate model boundaries of binding of criminal court’s judgement in civil proceedings, in connection with applicaton of such relevant legal regulation. The author focuses on the presentation of the most important threads arising from need to take into account factual situation related to commission of a criminal offence contained in a conviction. The existing normative regulation has been examined and its defects identified. The analysis is connected with consideration of such complex problem from the point of view of recent changes in the amending concerning criminal proceedings and criminal law too. Gathering the tesis specified in article, the author notes that regulation mentioned above doesn’t create legal rule on the clear scope of application
4
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Doręczenie pozwanemu wyroku zaocznego w sposób określony w art . 139 § 1 k.p.c. a ochrona jego praw. Zagadnienia wybrane

65%
Świeczkowski J.
Studia Prawnicze
|
2016
|
issue 4 (208)
103-116
EN
The article undertakes to analyze the problem of delivery of the judgment by default with particular emphasis on the issue of the subsequent submission of the statement of opposition that judgment. In view of the fact that often plaintiff deliberately indicates an incorrect address of the defendant, which means that he has no knowledge of the judgment by default and his right to a court is then significantly reduced the author proposes to introduce sanctions for the plaintiff acting in this way.
5
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Powaga rzeczy osądzonej i prawomocność rozszerzona a kontrola wzorców umownych

65%
Szanciło T.
Studia Prawnicze
|
2015
|
issue 1 (201)
81-125
EN
Issues concerning illegal contractual provisions, as well as the extent of the effects of a judicial decision that recognizes the provision of standard contracts illegal, causes  great controversy, both theoretical and practical. This is important because this question concerns the constitutional principle of protection of consumers. The primary objective of the law concerning of illegal provisions is healing of legal relations arising from irregularities in the contracting process, related to the contractual advantage one of the parties. Due to the increasingly common practice used by entrepreneurs in standard contracts with consumers, it is necessary to their judicial review. It aims to eliminate from standard contracts such provisions that grossly violate the interests of consumers, putting them in a much worse position in relation to a person who uses such a standard contract. But the question is whether, in circumstances where the specific contractual provision will be criminalized and the court will prohibit a particular entrepreneur using it in dealings with consumers, such a decision also involves other entrepreneurs. In other words, if though they are not party to the trial, they are obliged to adhere to the judgment. We are dealing here with the opposition of the rule of law to the court for every person, including entrepreneurs, to the principle of consumer protection, which is really executed. The essence of the problem boils down to the concept of extended validity, so that the art. 47943 Civil Procedure Code, which provides for such an effect applies only to the entrepreneur who was a party (defendant) in trial for the recognition provisions of standard contracts illegal, whether it should be assumed broad interpretation, so that inscribing of a clause in the register of the President of the Trading Standard Office has certain effects also in relation to other entrepreneurs who use patterns agreement. The problem takes on added significance if we consider the possibility of punishment in antitrust proceedings businesses using abusive clauses that have been inscribed into the register.
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