Poznanie prawdy w procedurze cywilnej w świetle prac sekcji postępowania cywilnego Komisji Kodyfikacyjnej II RP

Abstract

The works on the Polish civil procedure began unanimously with the first session of the Codification Committee of the Second Republic of Poland in November 1919. The members of the section of civil proceedings of the Codification Committee of the Second Republic of Poland dedicated much place to the issue of the truth in the civil procedure, both in projects and discussions over them. Many solutions which allowed for getting to know the truth in the civil trial on a wide scale were to be found in the project submitted to the Ministry of Justice on December 20 and 21 1929. After the World War II in The People’s Republic, the legal state deriving from the Second Republic of Poland, namely, among other things, the code of civil proceedings from 1930 was retained, however as early as in its first decade, the codification works on the new civil procedure corresponding to the new system, social and political conditions. In the People’s Republic, it was during the meetings of the Second Team of the Civil Trial, appointed to work out the new project of the code of civil proceedings, that the issue of getting to know the truth in the civil trial in the new system reality, i.e. “the objective truth” which was to differentiate between a formal bourgeoisie and socialistic civil law was raised. It is difficult to agree with the statement that the notion of “the objective truth” was novum deriving from the civil system of the USSR and used there for the first time in 1953. As early as in the Second Republic of Poland, the members of the section of civil proceedings of the Codification Committee of the Second Republic of Poland, as well as the authors of works concerned with the Polish civil procedure in the legal works often used the notion of “the objective truth”, at the same time, they used it in a legal, not ideological sense of the word.