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  1. 2 Studia Iuridica

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  1. 1 Flaga-Gieruszyńska K.

  2. 1 Gołąb A.

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  1. 2 2019

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Cassation Attorneys in the Polish Civil Proceedings

100%
Gołąb A.
Studia Iuridica
|
2019
|
vol. 81
302-319
EN
The text presents selected issues concerning parties’ obligatory professional representation in Polish cassation proceedings. It depicts the present regulation against a historical and comparative background. As its shape kept evolving over the years, its premises have been regularly revisited in the course of a doctrinal discussion. In recent times especially one question came to prominence. It touches upon an idea to introduce a special group of legal representatives who would be endowed with an exclusive right to act in the proceedings before the Supreme Court. The text recreates historical background of this institution in the Polish law and juxtaposes it with the present state, taking into account the nature of cassation proceedings, as well as the prospects of introducing such a legal specialisation in the future.
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Mandatory Representation by an Attorney or Legal Counsel and Access to the Courts in Civil Cases

100%
Flaga-Gieruszyńska K.
Studia Iuridica
|
2019
|
vol. 81
247-266
EN
The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representation by a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance.
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