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1
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Doręczenie korespondencji pozwanemu przez komornika sądowego. Zagadnienia wybrane. Problemy praktyczne

100%
Szachta J.
Forum Prawnicze
|
2019
|
issue 6 (56)
45–54
EN
Introduced in 2019 art. 139 1of the Polish Code of Civil Procedure is a significant novelty, since such a solution has never been applied in a civil procedure before. The article points out how the regulation would affect the delivery of a document by a court bailiff. Attention is drawn to the amount of the fee and the contradic- tion between the statutory deadline for delivery by the enforcement authority and the statutory deadline for payment. The regulation determines the perfor- mance of service by the bailiff and the activities in the event of an unsuccessful service of documents to the defendant’s address. The proposal raises problems resulting from the new regulation, including a wide group of persons who may be authorised by the bailiff to perform the service. The regulation sets require- ments which should be met by those to be authorised by the bailiff to perform the service. Attention is paid to the circumstances where it is not possible for the bailiff to determine the whereabouts of the defendant; the article also considers whether the bailiff may obtain information on the defendant’s address from other proceedings in progress. It points out that the new regulation would lead to the extension of the examination procedure. The proposed wording of the provisions on service is formulated. The proposal includes establishing a database of cor- respondence addresses of adult citizens in order to accelerate proceedings and to eliminate the cause of failures of service.
2
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Enforcement of Emergency Arbitrators’ Decisions under Polish Law

100%
Horodyski D., Kierska M.
Polish Yearbook of International Law
|
2016
|
vol. 36
231-244
EN
One of the most significant changes in modern arbitration rules is the adoption of emergency arbitrator proceedings. These proceedings were introduced in order to provide a party in need of urgent interim measures before the constitution of an arbitral tribunal with an additional option besides going to state courts. In emergency arbitrator procedures such a party may seize an emergency arbitrator to grant the requested urgent relief. This article provides the Polish perspective on the effectiveness of emergency arbitrator proceedings, given that the Polish law is silent on the institution of emergency arbitrator and the possible recognition and enforcement of the decisions of an emergency arbitrator. The article analyses the Polish regulations on interim measures, together with their enforcement, by comparing the relationship, similarities and divergences between an arbitral tribunal, a state court, and an emergency arbitrator. This brings us to the conclusion that the existing legal framework as to the enforcement of interim measures issued by an arbitral tribunal provides a solid foundation for drawing an analogy to the recognition and enforcement of such orders granted by an emergency arbitrator. Thus, the provisions on enforcement of arbitral tribunal’s orders per analogiam allow for the recognition and enforcement of emergency arbitrators’ decisions on interim measures in Poland.
3

Zmiany Kodeksu postępowania cywilnego w III Rzeczypospolitej Polskiej – przegląd prac legislacyjnych

100%
Mazuryk M., Sadowski I.
Przegląd Prawa Publicznego
|
2013
|
issue 6
75-101
EN
The paper analyses in detail the changes in civil procedures between 1989 and 2011. The analysis includes political and legal conditions affecting the accepted procedural solutions. It describes legislative developments in the successive parliamentary terms. Also, the authors present the intensive changes to the aforementioned law and the frequency of the initiatives proposed by the authorized bodies; this includes the adequate statistics and the information about the length of proceedings in the individual component chambers. The paper presents a comprehensive, unique deliberations on legislation, including judicial decisions of the Constitutional Tribunal as a negative legislator which initiates legislative work of the Civil Law Codification Committee, as well as the amendment to the civil procedure proposed by the Minister of Justice.
4
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Konsensualny charakter procedury jako konstytutywna cecha ADR

100%
Duszka-Jakimko H., Haczkowska M.
Przegląd Prawa i Administracji
|
2013
|
vol. 94
57 - 77
EN
Consensual importance of the law is an increasingly emerging issue in contemporary reflection on law. Alternative legal dispute resolution (with Alternative Dispute Resolution — ADR), which includes the basic methods of negotiation, mediation, conciliation and arbitration, is one of the manifestations of this thought. This article, highlighting the various methods of ADR, shows the importance of the consensual nature of the procedure as one of the constitutive conditions of the agreement which was the basis for legitimizing solutions in a legal dispute within the ADR. The article takes into account the Polish legal system, extracts and presents different criteria, such as subjective criteria, jurisdiction, the degree of formalization of procedures, grounds for jurisdiction, of the power and coercion, making references, comparatively, to the court procedures and ADR procedures. The wording of the above criteria allows to determine the ADR procedures as consensual procedures, based on the agreement of free, independent entities, as well as on certain values and conditioned by a legal culture.
5
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Article 162 of the Polish Civil Procedure Code – application, functions and its role in the civil process

100%
Marciniak S.
Adam Mickiewicz University Law Review
|
2013
|
vol. 2
83-95
PL
The paper aims to analyse article 162 of the Polish Civil Procedure Code. Pursuant to the article mentioned, parties are not only allowed but also obliged to notify the court of all procedural errors it has made. The purpose of this legal institution is to hasten and organize civil procedure. This paper illustrates the history of subject regulation. Subsequently,it focuses on the application and role of article 162 of the Polish Civil Procedure Code in current civil procedure. After analysing those matters, the conclusion is presented that the regulation provided by article 162 is inappropriate to the correct shaping of current civil procedure. The instant removal of all procedural errors that the court makes is essential to appropriate procedure in many ways.
6
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The adversarial principle, the evolution and current shape of civil procedure – outline of subject matter

100%
Marciniak S.
Adam Mickiewicz University Law Review
|
2013
|
vol. 2
97-111
PL
The adversarial principle has a long tradition in Polish civil procedure. It was one of the main principles under the Polish Civil Procedure Code of 1930. Later on, the change of the state system to socialism brought significant modifications to the shape of the subject principle. Due to the different bases of socialist civil procedure, the adversarial principle was almost completely forgotten. It was later resurrected, with another change of state system. The contemporary lawmaker is much interested in shaping the adversarial principle in the right way. The latest amendments to the Polish Civil Procedure Code of 1964 were focused on creating the proper bases for the functioning of the courts and for proper regulations regarding parties remaining active throughout the process. The presented analysis leads to the conclusion that the adversarial principle is, and always has been, of very high importance to civil procedure.
7
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Powiatowy (miejski) rzecznik konsumentów jako podmiot postępowania cywilnego

100%
Flaga-Gieruszyńska K.
Studia Administracyjne
|
2013
|
issue 5
115-134
PL
Istotą procesu cywilnego jest dwustronność opierająca się na zaistniałej na gruncie prawa materialnego relacji między dwiema stronami stosunku cywilnoprawnego. Jednak niekiedy tak pojmowana dwustronność jest modyfikowana na skutek ingerencji ustawodawcy. Odnosi się to do sytuacji, gdy mamy do czynienia ze stroną w sensie formalnym – podmiotem postępowania, którym nie był stroną stosunku materialnoprawnego, względnie rzecznikiem interesu publicznego, który w postępowaniu działa na rzecz jednego z podmiotów tego stosunku.
EN
The essence of civil law proceedings is the two-sidedness based on the relation between two parties under the civil substantive law. However, two-sidedness defined as such is sometimes modified as a result of an interference of the legislator. It is the case if there is a party in the formal sense – an entity in civil proceedings, who is not a party of a relation under the substantive law, relatively an advocate of public interest who acts on behalf of one of the parties of the aforementioned relation.
8

The institute of representation in the civil process of Russia: trends and development prospects

100%
Chudinovskaya N. A.
Acta Iuris Stetinensis
|
2019
|
issue 27_ENG
39-51
EN
Art. 48 of the Constitution of the Russian Federation guarantees everyone the right to qualified legal assistance. The question of the means and methods it should be provided with has been debated between lawyers for a long time. A number of scientists talk about the need for legislative consolidation of the ‘advocate monopoly’. Others consider it appropriate to license the legal services market. These disputes remain relevant today. However, in 2019, Russia has undergone a reform of procedural law, which lawyers have called a ‘process revolution.’ Many rules of procedural codes have undergone major changes. In particular, as a result of the reform, the requirements for persons who may act as representatives in civil matters have been substantially changed. In the framework of this article, an attempt is made to analyse the reform of the institution of representation. Based on a systematic analysis of procedural legislation and law enforcement practice, the author comes to the conclusion that legislative consolidation of the need for higher legal education for representatives can be called one of the positive aspects of the reform. This article provides an analysis of the development trends of the institution of representation in the historical aspect. The author concludes that it is maintaining logical and consistent movement along the path of becoming an ‘advocate monopoly’ in Russia. It seems that subject to its competent and phased introduction, as well as the reform of the corps of the bar itself, not only by increasing its number but above all by increasing the professionalism of its members, it can and should become an effective tool in the civil process.
9
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Application of Article 316 of the Polish Code of Civil Procedurę in the appeals against decisions of the President of the Office of Electronic Communications

100%
Dąbrowski Ł. D.
Acta Iuris Stetinensis
|
2020
|
vol. 31
|
issue 3
5-21
EN
In cases specified in Article 206 par. 2 of the Act on the Telecommunications Law, telecom- munications entrepreneurs have the right to appeal to the Court of Competition and Con- sumer Protection in Warszawa. All provisions of the Code of Civil Procedure, including Ar¬ticle 316 of the CCP, apply to the CCCP procedure. Article 316 of the CCP concerns one of the basic issues of civil procedure, i.e. basis for judgement. However, the application thereof in telecommunications cases provokes certain reflections which lead to the conclusion in compliance with which Article 316 of the CCP is applicable in telecommunications cases when the specificity of these cases is taken into account, especially the fact that the CCCP procedure is supervisory in nature and checks the regulatory activities of the President of the Office of Electronic Communications. The paper analyses judicial decisions of ordinary courts and the Supreme Court in telecommunications cases, as well as social security and energy regulation cases, which due to the major similarities of appeals against decisions is- sued by ZUS and the President of ERO, and appeals against decisions issued by the President of the OEC, may be per analogiam applied to telecommunication cases.
10

The Institute of Representation in the Civil Process of Russia: Trends and Development Prospects

100%
Chudinovskaya N. A.
Acta Iuris Stetinensis
|
2019
|
issue 27
39-51
EN
Art. 48 of the Constitution of the Russian Federation guarantees everyone the right to qualified legal assistance. The question of the means and methods it should be provided with has been debated between lawyers for a long time. A number of scientists talk about the need for legislative consolidation of the ‘advocate monopoly’. Others consider it appropriate to license the legal services market. These disputes remain relevant today. However, in 2019, Russia has undergone a reform of procedural law, which lawyers have called a ‘process revolution.’ Many rules of procedural codes have undergone major changes. In particular, as a result of the reform, the requirements for persons who may act as representatives in civil matters have been substantially changed. In the framework of this article, an attempt is made to analyse the reform of the institution of representation. Based on a systematic analysis of procedural legislation and law enforcement practice, the author comes to the conclusion that legislative consolidation of the need for higher legal education for representatives can be called one of the positive aspects of the reform. This article provides an analysis of the development trends of the institution of representation in the historical aspect. The author concludes that it is maintaining logical and consistent movement along the path of becoming an‘advocate monopoly’ in Russia. It seems that subject to its competent and phased introduction, as well as the reform of the corps of the bar itself, not only by increasing its number but above all by increasing the professionalism of its members, it can and should become an effective tool in the civil process.
11
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Analiza propozycji zmiany art. 35 ust. 1 ustawy z 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych poprzez obliczanie opłaty stosunkowej, pobieranej w sprawach z zakresu prawa pracy i ubezpieczeń społecznych, w których wartość przedmiotu sporu przewyższa kwotę 50 000 zł, od nadwyżki tej kwoty

100%
Kościelny P.
Zeszyty Prawnicze BAS
|
2017
|
issue 4(56)
126-131
EN
In the opinion it was stressed that the current statute does not use a progressive method, which reflects in a better way the relationship between the employee’s financial situation and the extent of burdens related to the proceedings. Secondly, the demarcation sum set at PLN 50,000 has not been synchronized with rules determining the value of the claim. After an analysis the author concludes that the solution proposed in the petition could be taken into account in the development of an amendment to the current regulation.
12
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Projekt stanowiska Sejmu w sprawie o sygn. akt SK 37/14

100%
Tomaszewska A.
Zeszyty Prawnicze BAS
|
2016
|
issue 3(51)
207-231
EN
This draft position of the Sejm concerns the constitutional complaint of 22 April 2013. In the proposed draft position the author claims that the contested Article 102 of the Code of Civil Procedure, insofar as it does not impose on the Treasury an obligation to reimburse the opponent’s costs of the proceedings that have not been awarded from the losing party, is in compliance with Article 45 para. 1 of the Constitution. Proceedings to examine the compatibility of Article 102 of the Code of Civil Procedure with Article 2, Article 32 of the Constitution should be discontinued pursuant to Article 39(1)(1) of the Constitutional Tribunal Act of 1997 in conjunction with Article 134(3) of the Constitutional Tribunal Act of 2015 due to the inadmissibility of the judgment
13
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Opinia w sprawie senackiego projektu ustawy o zmianie ustawy o Sądzie Najwyższym

100%
Dziurda M.
Zeszyty Prawnicze BAS
|
2014
|
issue 2(42)
169-177
EN
The Senate bill implements the obligation to adjust the law to the judgment the Constitutional Court of 4 December 2012 (Ref. No. U 3/11). The bill involves a change in the Supreme Court Act by adding specific elements required from the request of the Public Prosecutor General for annulment of a final judgment in relation to a case that, at the time of adjudication – because the person concerned – did not fall within the jurisdiction of Polish courts or in which at the time of adjudication court action was not admissible. The bill also provides for establishing a procedure for examination of requests by the Supreme Court. The authors of the opinion conclude that the changes proposed by the Senate are flexible and can be used both in relation to judgments pronounced both in civil proceedings and in criminal proceedings.
14

Status procesowy wojewódzkiego konserwatora zabytków w postępowaniu cywilnym na tle art. 95 ustawy o ochronie zabytków i opiece nad zabytkami

100%
Trzewik J.
|
2017
|
vol. 27
|
issue 2
77-96
PL
W artykule przedstawione zostały rozważania na temat statusu procesowego wojewódzkiego konserwatora zabytków w postępowaniu cywilnym. Uprawnienia procesowe organu ochrony zabytków w procesie cywilnym określone zostały w art. 95 ustawy o ochronie zabytków i opiece nad zabytkami. Jakkolwiek prawodawca określił pozycję wojewódzkiego konserwatora zabytków w postępowaniu cywilnym, dokonał tego jednak w sposób dość lapidarny i nieprecyzyjny. Pomimo węzłowego charakteru tego przepisu, stanowi on jednak obszerną płaszczyznę dla naukowej polemiki.
EN
In the paper considerations are presented on the processual status of Regional Conservator of Monuments in civil proceedings. Procedural rights of public authority to protect monuments in civil proceedings are set out in Article. 95 of the Protection and Guardianship of Monuments Act. However, the legislature strictly defined the position of the Regional Conservator of Monuments in civil proceedings, but did so in a rather concise and imprecise. Despite the nodal character of this regulation, it is a comprehensive platform for many scientific polemics.
15

The Procedural Status of the Provincial Inspector of Monuments in Civil Proceedings in the Light of Legislative Changes

100%
Tzrewik J.
|
2017
|
vol. 27
|
issue 3 English Online Version
71-85
EN
The article presents considerations on the procedural status of the provincial inspector of monuments in civil proceedings against the background of the recent legislative changes. The procedural rights of the monuments protection authority in civil proceedings are set out in art. 95 of the act on the protection and care of monuments. As a result of the newly introduced act on the restitution of the national cultural property into the Polish legal system, this provision has been modified by removing the provincial inspector of monuments from the catalogue of monuments protection authorities authorised to use the procedural means of monuments protection in civil proceedings. Despite the understandable need to fill in the legal gap enabling the return of seized cultural goods, the recent amendment still provides a platform for academic polemics.
16

Status procesowy wojewódzkiego konserwatora zabytków w postępowaniu cywilnym na tle zmian legislacyjnych

100%
Trzewik J.
|
2017
|
vol. 27
|
issue 3
91-107
PL
W artykule przedstawione zostały rozważania na temat statusu procesowego wojewódzkiego konserwatora zabytków w postępowaniu cywilnym na tle dokonanych zmian legislacyjnych. Uprawnienia procesowe organu ochrony zabytków w procesie cywilnym określone zostały w art. 95 ustawy o ochronie zabytków i opiece nad zabytkami. W wyniku wprowadzenia do polskiego systemu prawa ustawy o restytucji narodowych dóbr kultury przepis ten został zmieniony, usuwając z katalogu organów ochrony zabytków uprawnionych do stosowania procesowych środków ochrony zabytków w postępowaniu cywilnym wojewódzkiego konserwatora zabytków. Pomimo zrozumiałej potrzeby dokonania uzupełnienia luki prawnej umożliwiającej zwrot zagarniętych dóbr kultury, wprowadzona zmiana stanowi jednak płaszczyznę dla naukowej polemiki.
EN
In the paper considerations are presented on the processual status of Regional Conservator of Monuments in civil proceedings on the basis of last amendments to regulations. Procedural rights of public authority to protect monuments in civil proceedings are set out in Article. 95 of the Protection and Guardianship of Monuments Act. However, as a consequence of the introduction into the Polish legal system of the National Restitution of Cultural Property Act, this provision was changed by removing Regional Conservators of Monuments from the catalogue of the monuments protection authorities entitled to use the procedural rights of monument protection in the civil proceedings. Despite the need to fill up the existing legal gap that make it possible to return the lost cultural assets, that change of regulations is in fact a comprehensive platform for scientific polemics.
17

The Status of the Provincial Inspector of Monuments in Civil Proceedings in the Light of Act on the Preservation and Maintenance of Monuments

100%
Trzewik J.
|
2017
|
vol. 27
|
issue 2 English Online Version
61-78
EN
This article presents considerations with regard to the status of the provincial inspector of monuments in civil proceedings. The entitlements of this public authority in respect of monument protection are set out in article 95 of the Act on the preservation and maintenance of monuments. The legislator, in a rather concise and imprecise manner, defines the status of the inspector in civil proceedings. Despite the cardinal importance of this regulation, it provides ground for a great deal of debate.
18
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Skarga nadzwyczajna w postępowaniu cywilnym – wybrane zagadnienia

100%
Wyżykowski B.
Studia Prawa Publicznego
|
2018
|
issue 4 (24)
101-138
PL
On the 3rd April 2018, a new Act of the 8th December 2017 regarding the Supreme Court (Journal of Laws 2018 item 5 as amended), hereinafter the “Law regarding the Supreme Court”, entered into force, which introduced to the polish legal system a new institution, namely the extraordinary complaint. It is a new remedy, the purpose of which is the extraordinary review of final court decisions (judgements) in order to ensure their compliance with the principle of a democratic state of law that implements the principles of social justice. It may be brought before the Supreme Court only by certain public authorities strictly specified in the Law regarding the Supreme Court, namely by the Attorney General and the Ombudsman but also, within the scope of their jurisdiction, inter alia by the Financial Ombudsman, the Small and Medium-sized Enterprises Ombudsman and the President of the Office for Competition and Consumer Protection. Thus, these entities were given the right to challenge final judgments of common courts, which otherwise could not be revoked or changed by any other means or remedies. Currently, all legitimized authorities may file extraordinary complaints – with the reservation that authorities other than the Attorney General and the Ombudsman may do so only within their jurisdiction – regarding judgments that became final after the 3rd April 2018 (inclusive). However, the Attorney General and the Ombudsman may also, until the 3rd April 2021, file extraordinary complaints regarding judgments that became final after the 17th October 1997 and before the 3rd April 2018 (the date the Law regarding the Supreme Court entered into force). Aim of the article is to analyze the main legal issues regarding the extraordinary complaint, especially the grounds for its admissibility, the practical aspects in the subject matter, as well as possible disputable issues and interpretation doubts. The study is limited to the analysis of selected legal issues regarding the extraordinary complaint in the civil procedure.
19
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Legal barriers in the counter-execution procedure and contradictions between the law on execution procedure and the law on obligations of Kosovo

88%
Qehaja R., Ahmeti A.
The Lawyer Quarterly
|
2019
|
vol. 9
|
issue 3
177-184
EN
This article critically evaluates the contradictory provisions contained in the Law No. 04/L-077 on Obligations of the Republic of Kosovo on certain cases of counter-execution. The context of this evaluation is the issue of counter-execution as a special procedure, within the framework of civil procedure, as regulated by the Law No. 04/L-139 on Execution Procedure of the Republic of Kosovo. This duality of legal regulation undermines the legal certainty of citizens, especially those from countries with fragile democracies that are going through transition phase, as in the case of the Republic of Kosovo.
20

Discussion of „lack of delay” as grounds for inclusion of late allegations and evidence pursuant to art. 207 § 6 and 217 § 2 of the polish code of civil procedure

88%
Karolczyk B.
Studia Prawnicze
|
2012
|
issue 1 (190)
123-147
EN
Polish Code of civil procedure („CCP”) has traditionally, following the Austrian tradition of “social model of litigation”, placed the responsibility for the swift resolution of a civil dispute on a judge. Thus, judicial case management has been the second main doctrine, aside from the doctrine of concentrated proceeding, that has been utilized in ensuring that justice in done without unreasonable delay. Simultaneously, both of these systems adopted the rule, introduced by French Code of civil procedure of 1806, that parties are allowed to make allegations and introduce evidence until the very end of the main hearing (trial). Under Polish law this rule was eliminated only in special proceedings for commercial matters, which will be abolished effective May 3, 2012, where the principle of preclusion (Präklusivprinzip) was introduced over 10 years ago. This rule, and its essential component, the principle of eventuality or contingent cumulation (Eventualmaxime), required parties to provide full account of allegations and evidence in their respective pleadings (complain and answer), including those that might only potentially come into play. Failure to comply with this requirement rendered allegation or evidence late, and thus the court was oblige to ignore them, save two limited circumstances. The practical effect of this rule was problematic. Some time ago is was noted that the regular proceedings lacked a general provision that would underline the parties’ responsibility for the effective conduct of litigation and special rules that would stimulate them to make allegations and submit evidence as early as possible. One of the primary purposes of the recent amendments to the CCP was to address these procedural defects. Accordingly, on May 3, 2012 a new art. 6 § 2 CCP comes into force. It stipulates that the parties are obliged to make all statements of fact and present evidence without delay, so that the proceeding can be concluded efficiently and swiftly. This solution is based on German and Austrian procedural ideas (Prozessförderungspflicht). This procedural burden is sanctioned by new art. 207 § 6 CCP. Under this provision court is obliged to ignore (exclude) late allegations and evidence, unless a party shows that their omission from the complaint, answer to complain or further supplementary pleading can be excused due to lack of negligence or the acceptance of late allegations and evidence does not delay the resolution of the case or other extraordinary circumstances justifying their inclusion. Similar rule has been introduced at the main hearing where, however, it is up to the court to decide whether an allegation has been made or evidence presented in a belated manner (art. 217 § 2 CCP). I this article I am focusing on “lack of delay” as an exception to the court’s obligation to exclude late allegations and evidence. I am discussing the scope of the burden to support the orderly, efficient and swift conduct of the litigation by making proper allegations and identifying respective evidence in the pleading. Next, I look into German law to gain a comparative perspective on the new law. Subsequently, I am discussing how a party should make and how, on the other hand, the court should asses a claim of lack of delay in a broader procedural context of judicial case management.
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