O początkach prac nad nowym kodeksem postępowania cywilnego w Polsce Ludowej : program i założenia ideologiczne

Abstract

Basic novelties in the civil proceeding in the Polish People’s Republic of a socialist nature appeared in the act from 20 July 1950 changing the code of the civil proceeding from 1932. Changes of the pre-war code of the civil proceeding (1932) concerned four areas of issues: the system of appeal means, the rule of the material truth and the rule of prosecutor’s availability and participation in the civil proceeding. In justification to the amendment of the regulations on the civil proceeding (1950) the Russian models were directly referred to. The works on a new code of the civil proceeding started at the end of 1951. Regulations of the future code of the civil proceeding were to be based on socialist rules while a direct model was to be a Czech-Slovak code of the civil proceeding from 1950. It was until September 1952, namely the time allotted to the submission of a new socialist code of the civil proceeding to the Presidium of the Government that just its general part was designed. The first project of a new code of the civil proceeding was finally prepared in 1955. In fact, it thwarted the achievements of the Polish science within the scope of the civil proceeding. The project solutions underwent criticism and codification of the civil procedure, above all, its assumptions, revived again after a political turn in 1956.