Zasada kontradyktoryjności a ewolucja i współczesny kształt postępowania cywilnego – zarys problematyki
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Date
2013-06
Authors
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Journal Title
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Publisher
Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań
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The adversarial principle, the evolution and current shape of civil procedure – outline of subject matter
Abstract
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.
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Keywords
civil procedure, adversarial principle, main principles of civil procedure
Citation
Adam Mickiewicz University Law Review, vol. 2, 2013, p. 97-111
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ISBN
ISSN
2083-9782