Extraordinary remedies in Polish civil procedure
Extraordinary remedies in Polish civil procedure
Author(s): Tadeusz WiśniewskiSubject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: system of extraordinary remedies; appeal in cassation; application for ascertainment of unlawfulness of afinal judgment; application for resumption of proceedings; application for annulment of a final
Summary/Abstract: The article’s objective is to present the essence of the system of extraordinary remedies in the Polish civil procedure, as well as a characterization of the particular remedies comprising that system. Application of the dogmatic method has also verified the hypothesis according to which the Polish legislator, in giving those remedies (including extraordinary ones) a normative structure, has in view that their objective is to seek a change in or to set aside the contested ruling. The article accents particularly regulation of the extraordinary grievance, considering its status as novel legislation giving rise to numerous doubts and reservation, as the normative shape of that remedy constitutes a source of collision between two values – the stability if a judicial ruling, and its lawfulness. The emergence of this remedy has led to the conclusion that there is a need to review the existing position of the civil procedure doctrine concerning respect for the principle of exclusivity adopted in our system of remedies.
Journal: Studia Prawnicze
- Issue Year: 220/2019
- Issue No: 4
- Page Range: 107-132
- Page Count: 26
- Language: English