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  1. 1 Studia Prawno-Ekonomiczne

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  1. 1 2013

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  1. 1 Mucha J.

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Pozasądowe postępowania cywilne – próba modelowego ujęcia

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Mucha J.
Studia Prawno-Ekonomiczne
|
2013
|
vol. LXXXVIII (88)
121-140
EN
Article 2 §3 of the Code of Civil Procedure provides for the civil cases not to be heard through court proceedings where specific provisions allocate them to the competence of other bodies. The activity of extra-judicial authorities based on hearing the cases is also allowed under constitutional law, provided that they are authorized to act by the statues and the legality of their decisions is controlled by the courts. Currently, extra-judicial proceedings include: arbitration, conciliation before the committee on labor, before the provincial committee adjudicating on medical events and extra-judicial mediation. The analysis of the rules governing these proceedings shows that despite the fact that they are carried out by different bodies and in different matters, they have certain common features, characteristic of civil procedure in general. These features include, among others, subjecting the proceedings to the principle of inter partes, equality and availability, the ability to enforce the judgment or settlement by means of coercive measures permitted under the law as well as the impartiality of the authority conducting the proceedings. It seems to be justified to state that extra-judicial civil proceedings constitute a group of proceedings whose purpose is to hear the case concerning civil relations, family and custody law as well as labor law by way of judgment or by agreement of the parties, pending before an impartial authority having or not having the competence to hear a case, acting, in principle, (apart from, as it seems, the proceedings before the provincial committee adjudicating on medical cases) under the control of the court.
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