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Alternative title:

Resumption of proceedings in the Polish civil law procedure in 1933–1939

Subject and Keywords:

invalidity of legal proceedings   court rulings   civil law procedure   resumption of proceedings   demand for resumption of proceedings

Description:

Tyt. tomu: Studia historycznoprawne

Abstract:

The validity of court rulings was extremely important to the judiciary. It served to uphold the authority of court rulings, the legal order and the interests of the state. However, when a ruling turned out to be obviously wrong and unjust, there had to be a possibility for the proceedings to be resumed and end with a valid ruling. In 1918–1933 the binding civil procedure in Poland was that of the partitioning powers. The German, Austrian and Russian procedures provided for a possibility of proceedings to be resumed, but resolved the issue in a variety of ways. The members of the Codification Commission faced the difficult task of creating a uniform instrument of resumptionof proceedings. The author of the present article discusses the problems facing both the authors of the 1930 Code of Civil Procedure as well as people who subsequently applied the provisions of the code in practice.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2015

Date copyrighted:

2015

Identifier:

ISSN 0524-4544   ISSN 0239-6661

Source:

PAd P 101182 II

Language:

pol

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3674. Prawo, ISSN 0524-4544, 2015, 319, s. 195-209

Is version of:

Czasopisma naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdjm