Comment on the Judgement of The Supreme Court of 10th June 2021, IV CSKP 55/21 (cassation appeal in opposition action alimony cases) Cover Image

Glosa do postanowienia Sądu Najwyższego z dnia 10 czerwca 2021 r., IV CSKP 55/21 (skarga kasacyjna w sprawach o alimenty z powództwa opozycyjnego)
Comment on the Judgement of The Supreme Court of 10th June 2021, IV CSKP 55/21 (cassation appeal in opposition action alimony cases)

Author(s): Bartłomiej Krupowicz
Subject(s): Civil Law, Court case
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: cassation appeal; alimony; Supreme Court; civil proceedings;

Summary/Abstract: The following commentary concerns a ruling, which is coherent with a firm line of case law of The Supreme Court in the matter of broad interpretation of the term „alimony case”. In such cases cassation appeal is inadmissible. However, a correct thesis of the ruling has been explained unconvincingly. In order to solve that problem, it is particularly important to determine the meaning of the term „alimony case” in the Civil procedure code. Furthermore, it was indicated that equality of parties and extraordinary character as a feature of cassation appeal should also have an influence on the issue of admissibility of cassation appeal. An argument derived from art. 27 and art. 140 of the Family and Guardianship Code has been also criticised. Filled argumentation, which is provided by this commentary, could justify the line of case law much more convincingly. The last part of the commentary is focused on some de lege ferenda suggestions, which are expressed in the possibility of modification of art. 3982 of the Civil procedure code in order to specify the meaning of the term „alimony case”.

  • Issue Year: 31/2022
  • Issue No: 2
  • Page Range: 137-152
  • Page Count: 16
  • Language: Polish
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