Odrzucenie zażalenia w świetle ustawy z dnia 4 lipca 2019 r. o zmianie ustawy Kodeks postępowania cywilnego oraz niektórych innych ustaw – wybrane zagadnienia
Rejection of the complaint in the light of the Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts – selected issues

Summary/Abstract: The Act of 4 July 2019 amending the Code of Civil Procedure and some other acts introduced several changes to the civil law procedure, including the method of justifying, delivering and appealing against court judgments issued both in open and closed court sessions. The publication aims to indicate the effects of these changes in the scope of the rules of submitting appeals in the light of the judicature of the Supreme Court. The author’s analysis of the jurisprudence shows that in the case of both – the appeal and the complaint – it has been assumed that the deadline for submitting these appeals opens from the date of delivery of the judgment or the court order with the justification, unless – in the case of a complaint – when issuing a decision, the court waived the justification (Article 369 Clause 1 and Article 394 Clause 2 of the Code of Civil Procedure). At the same time, the rules for preparing the rationale for the judgment and the decision were modified, making the preparation and delivery of the justification dependent in both cases on the party’s request (Article 328 Clause 1 and Article 357 Clause 21 of the Code of Civil Procedure). As a result, the direct submitting of appeals was deemed to be inadmissible, i.e. without the prior submission of an application for the preparation of a justification and delivery of the judgment with justification.

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