Zakres zasady kontradyktoryjności a znaczenie "onus probandi" w procesie cywilnym : rozważania na tle poglądów doktryny po zmianach w polskiej procedurze cywilnej z 20 lipca 1950 roku

Abstract

The problem of the proof weight is one of the most intricate and disagreeable issues, because of the dissonance of opinions as to its nature and non-linearity in the scope of terminology. Starting from the 1950s, namely from the changes introduced to the Committee of the civil procedure code from 1930 by means of the legislation from 20 July 1950, there was a claim in the Polish science built on an ideological ground, negating the value of onus probandi in the civil matters. After the reform from 20 July 1950, the Polish court law was the law of a specialist type, based on different ideological assumptions and against the so far existing bourgeoisie law. Following the Russian doctrine, the legitimacy of differentiating the private from the public law was negated. And, consequently, different ways of shaping the civil and criminal process. In so doing, the legacy of the former civilization was put away. At the same time, the importance of the objective truth in the civil trial as its fundamental rule was emphasized, and the action of the court ex officio was exposed. When the influence of ideology on the court law weakened in the 1960s and 1970s, the usefulness of onus propandi in the civil proceeding was no longer questioned.