postępowanie cywilne

Odpłatność wymiaru sprawiedliwości w sprawach cywilnych w świetle konstytucyjnej zasady prawa do sądu

Author: Iwona Dyś-Branicka
Institution: Uniwersytet Wrocławski
Year of publication: 2016
Source: Show
Pages: 253-273
DOI Address: https://doi.org/10.15804/ppk.2016.05.15
PDF: ppk/33/ppk3315.pdf

The costs of judical proceedings in the light of the constitutional principle of the right of recourse to court

The right of recourse to court is one of the basic rights, which are guaranteed for an entity at the constitutional level in every democratical state. One of its parts is the access to court, which determinates the possibility of starting the proceedings before the court, in order to defend one’s rights. The aim of this elaboration is presenting the access to court in the civil proceedings in the light of costs of this proceeding. The author underlines the function of the legal costs by recalling the doctrine views, the position of the jurisdiction and by underscoring the guidelines of the Constitutional Tribunal in this area. Moreover, the institutions of the exemption from the costs and legal aid in polish law are analysed in the elaboration. Basing on the analisis, the author makes a conclusion, that the model of paid civil proceeding is not contrary to the right of recourse to court, that the current solution is compatibile with the general limitation clause and justified by the function and role of the institution of legal cost in the democratical state of law.

Kompetencja referendarza sądowego do wydania nakazu zapłaty w postępowaniu cywilnym w świetle konstytucyjnej zasady sądowego wymiaru sprawiedliwości

Author: Anna Kościółek
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2656-3453
Year of publication: 2021
Source: Show
Pages: 353-367
DOI Address: https://doi.org/10.15804/ppk.2021.01.21
PDF: ppk/59/ppk5921.pdf

Court clerk jurisdiction to issue an order for payment in civil proceedings in the light of the constitutional principle of the judicial administration of justice

The subject of this article is to analyse the constitutionality of the court referendary’s jurisdiction to issue an order por payment in civil proceedings. While the ordinary legislator is entitled to extend the competences of this body, it cannot, in this respect, infringe art. 175 of the Polish Constitution, according to which justice is administered only by courts. Considerations presented in this study first of all address the issue of whether issuing of an order for payment in each of the four separate civil procedures can be regarded as administration of justice. Resolving this issue seems to be of key importance with regard to the subject of this paper, as art. 175 of the Polish Constitution suggests that the permissible scope of competences of court referendaries should end where the administration of justice begins. The assumption that issuing an order for payment falls within the sphere of administering justice moves the considerations to the compliance of entrusting this competence to court referendaries with art. 175 of the Polish Constitution. The analysis carried out in this respect includes an attempt to resolve whether it can be considered compliant with the principle of the judicial administration of justice.

Konstytucyjność zasady jednoosobowego rozpoznawania spraw cywilnych w dobie pandemii Covid-19

Author: Anna Kościółek
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2656-3453
Year of publication: 2022
Source: Show
Pages: 253-264
DOI Address: https://doi.org/10.15804/ppk.2022.04.20
PDF: ppk/68/ppk6820.pdf

The Constitutionality of Hearing Civil Cases by a Single Judge in the Time of the Covid-19 Pandemic

The subject of this article is the analysis of the constitutionality of the principle of hearing cases by a single judge in civil proceedings. Considerations presented in this study first of all address the issue of whether the principle of hearing cases by a single judge is consistent with minimum requirements set by the legislator of the constitutional system towards the ordinary legislator as regards shaping of the institution of the participation of the social factor in the administration of justice. The second aspect of considerations presented in this article is whether the introduction of the principle of hearing cases by a single judge in civil proceedings may be considered a violation of the right to a fair trial. The analysis of the issue in question is undoubtedly of practical importance due to significant consequences of the potential examination of a civil case in a non-constitutional composition.

Protesty wyborcze w wyborach samorządowych – postulaty de lege ferenda

Author: Joanna Kielin-Maziarz
Institution: Akademia Leona Koźmińskiego w Warszawie
ORCID: https://orcid.org/0000-0003-1728-3361
Year of publication: 2023
Source: Show
Pages: 105-117
DOI Address: https://doi.org/10.15804/ppk.2023.02.08
PDF: ppk/72/ppk7208.pdf

Protests in Local Elections – Postulates de lege ferenda

The aim of the study is to present the problems related to the auxiliary application of the provisions of the Code of Civil Procedure in electoral protest cases. Selective application of the provisions of the Civil Procedure Code by courts confuses voters and has a negative impact on their confidence in the institution of protest. An example may be the application by courts of the provisions on instruction deadlines in appeal proceedings. Similarly problematic is the assumption that the deadline for submitting a protest is a strict deadline with a simultaneous distinctness in the manner of its behavior compared to the Code of Civil Procedure. The introduction of a separate procedure regime and the ordering of the rules concerning the procedure in electoral protest will facilitate the work of courts and the access to this institution for voters.

Konstytucyjne uwarunkowania zakresu kognicji komornika sądowego po wejściu w życie ustawy z 4 lipca 2019 r. o zmianie ustawy – Kodeks postępowania cywilnego oraz niektórych innych ustaw (Dz.U. 2019 poz. 1469 ze zm.)

Author: Joanna Derlatka
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
ORCID: https://orcid.org/0000-0002-2633-4151
Year of publication: 2023
Source: Show
Pages: 219-230
DOI Address: https://doi.org/10.15804/ppk.2023.02.16
PDF: ppk/72/ppk7216.pdf

Constitutional Determinants of the Scope of Cognition of a Court Bailiff after the Entry into Force of the Act of 4 July 2019 Amending the Act – Code of Civil Procedure and Certain other Acts (Dz.U. 2019, item 1469, as amended)

The goal of the paper is to present the compliance with the Constitution of the Republic of Poland of the current scope of cognition of a court bailiff in civil proceedings. After the entry into force of the amendment to the Code of Civil Procedure of July 4, 2019, the bailiff is obliged to examine the limitation period for the creditor’s claim. This state of affairs raises important constitutional doubts. The assessment of the title issue would not be possible without taking a stance on the decision of the Constitutional Tribunal of 22.07.2022, P 23/19. The study uses a dogmatic-legal research method.

Znaczenie opinii biegłego z zakresu informatyki w postępowaniu cywilnym

Author: Zuzanna Miazga
Institution: Uniwersytet Humanistycznospołeczny SWPS w Warszawie
Year of publication: 2017
Source: Show
Pages: 245-262
DOI Address: https://doi.org/10.15804/tpn2017.1.13
PDF: tpn/12/TPN2017113.pdf

In civil proceedings, experts are appointed representing different scientific areas offering wide-ranging expertise on issues requiring expert opinion. This article aims to describe the role and importance of experts in the informatics area who are appointed in civil proceedings. The contribution of expert opinions in informatics has been defined on the basis of their practical use in judicial proceedings under the rules of civil procedure. The importance of an informatics expert opinion can be seen only through the analysis of case-studies. It is possible to see on the basis of the analysis of selected rulings in which cases the courts considered it necessary to appoint an expert in informatics, and in which situations the court considered it as unjustified. The considerations elaborated upon in this article relate mainly to the type of specific information required from court experts in informatics including the purpose for which the parties requested the appointment of an expert together with the influence of the expert opinion on the content of a court ruling. Despite a limited number of years so far in appointing court experts in informatics, in line with the continued developments in technology, their contribution in civil proceedings has been growing steadily. Judges can use opinions made in this area in many cases which are drawn from a very broad range of legal and factual bases. There are more and more cases which require the involvement of court experts in informatics. The subject matter investigated by a court expert in informatics is constantly evolving and broadening in scope. It may be assumed that over time court experts in informatics will be among the most frequently appointed experts to prepare opinions in court proceedings.

Uprzywilejowanie wierzycieli w podziale sumy uzyskanej z egzekucji sądowej – uwagi konstytucyjne i procesowe

Author: Joanna Derlatka
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
ORCID: https://orcid.org/0000-0002-2633-4151
Year of publication: 2024
Source: Show
Pages: 117-130
DOI Address: https://doi.org/10.15804/ppk.2024.02.09
PDF: ppk/78/ppk7809.pdf

Creditors’ Privileges in the Distribution of Amounts Obtained in Judicial Enforcement – Constitutional and Procedural Remarks

The purpose of this study is an interdisciplinary analysis the new regulations, referred to in Art. 1025 § 1 point 21, § 32, § 7–8 of the Code of Civil Procedure, in the context of constitutional norms and values determined by specific institutions the principles of a democratic state of law. This regulation was introduced by the amendment of March 9, 2023 as a security for future alimony claims. The article discusses reservations regarding its compliance with the constitutional principle of protection of acquired rights and also presents the corrective proposals. The goal of the paper is to present the compliance of new regulations with the right to enforcement, derived from the constitutional right to a court. The study uses a dogmatic-legal research method.

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