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NIEKONSTYTUCYJNOŚĆ ART. 4241 § 1 K.P.C. – STUDIUM PRZYPADKU

100%
Michta D.
Eunomia – Rozwój Zrównoważony – Sustainable Development
|
2018
|
issue 1(94)
63-68
EN
Author considers if Article 4241 § 1 of Civil Proceedings Law is contrary to Basic Law, when it reduces possibility of placing plaint for identifying inconsistency with law of valid court decision in case when ,by its rendering, only one litigant suffered a damage. Law mentioned previously indicates that demanding of identifying inconsistency with law of valid court decision of second instance ending proceedings in process, is possible if by its rendering, litigant suffered a damage and a change or repeal of the judgement by tenable legal means wasn’t and is still not possible. Author shows that mentioned law doesn’t warrant placing a plaint to identify inconsistency with law of valid court decision, in case when by its rendering damage wasn’t done to litigant, but to assigned proxy representing litigant.
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Czy kontrolerzy potrzebują immunitetu cywilnoprocesowego - swoboda wykonywania czynności służbowych

86%
Róg Ł.
Kontrola Państwowa
|
2018
|
vol. 63
|
issue 6 (383)
19-31
EN
In his article, the author presents the binding legal regulations that allow for suing an auditor in connection with the contents of the post-audit statement, especially the assessment of the audited activity, as well as the selected judicature in this regard. The author aims to answer the question whether there is the need for strengthening the independence of auditors at the institutional level, through providing them with a formal immunity that would protect them against claims which can be made on the basis of the civil law, especially regarding infringement of personal interests.
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