Adam Mickiewicz University Law Review, vol. 2, 2013
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Browsing Adam Mickiewicz University Law Review, vol. 2, 2013 by Subject "civil procedure"
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Item Art. 162 kodeksu postępowania cywilnego – zastosowanie, funkcje i znaczenie w procesie cywilnym(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013-06) Marciniak, SławomirThe 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.Item Zasada kontradyktoryjności a ewolucja i współczesny kształt postępowania cywilnego – zarys problematyki(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013-06) Marciniak, SławomirThe 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.