DC pole | Wartość | Język |
dc.contributor.author | Machnikowska, Anna | - |
dc.contributor.author | Stawarska-Rippel, Anna | - |
dc.date.accessioned | 2020-02-25T14:23:20Z | - |
dc.date.available | 2020-02-25T14:23:20Z | - |
dc.date.issued | 2016 | - |
dc.identifier.citation | Comparative Law Review, Vol. 21 (2016), s. 81-153 | pl_PL |
dc.identifier.issn | 0866-9449 | - |
dc.identifier.uri | http://hdl.handle.net/20.500.12128/12776 | - |
dc.description.abstract | Three fundamental state system and legal transformations, which took place in Poland
in the 20th century, make the history of the Polish law of civil procedure an important and
intriguing research thread, especially in a comparative perspective. The aim of this article is to
demonstrate the problem of the principles of civil procedure in codification works which were
in progress before the regaining of independence in 1918. They were continued in the Second
Republic of Poland and developed further after the Second World War until the second Polish Code
of Civil Procedure was adopted in 1964. Codification works in the Second Republic of Poland and
the People’s Republic of Poland were quite different regarding their determinants and also
conditions. However both presented the phenomenon of a deviation from the original assumptions
and concepts, which were postulated by the authors of the original drafts. Such deviation was
usually adverse. The changing fate of Polish civil procedure did not threaten the heritage of Polish
jurisprudence. The adversarial and dispositive principles, as well as the principle of oral proceedings
and the principle of the free appraisal of evidence were constantly present in the Polish legal
system. Nevertheless, after World War II some significant modifications were imposed that limited
the autonomy of the parties and the independence of the court owing to the political subordination
to the Soviet Union. However, the attitude of the majority of Polish lawyers enabled many standards
of the classic judicial proceedings to be maintained, and thereby also the relations with the
European doctrine of procedural law. | pl_PL |
dc.language.iso | en | pl_PL |
dc.rights | Uznanie autorstwa-Bez utworów zależnych 3.0 Polska | * |
dc.rights.uri | http://creativecommons.org/licenses/by-nd/3.0/pl/ | * |
dc.subject | principles of civil procedure | pl_PL |
dc.subject | Codification Committee | pl_PL |
dc.subject | Second Republic of Poland | pl_PL |
dc.subject | People’s Republic of Poland | pl_PL |
dc.subject | adversarial principle | pl_PL |
dc.subject | dispositive principle | pl_PL |
dc.subject | principle of instructionality | pl_PL |
dc.title | The principles of civil procedure in Poland in the twentieth century : doctrine, drafts and law in a comparative perspective | pl_PL |
dc.type | info:eu-repo/semantics/article | pl_PL |
dc.relation.journal | Comparative Law Review | pl_PL |
dc.identifier.doi | 10.12775/CLR.2016.004 | - |
Pojawia się w kolekcji: | Artykuły (WPiA)
|