LEGAL DISPUTE BETWEEN E-COURT AND COURTS OF GENERAL JURISDICTION CONCERNING THE REGULATIONS OF CODE OF CIVIL PROCEDURE BEFORE AMENDMENT OR AFTER AMENDMENT? Cover Image

SPÓR POMIĘDZY E-SĄDEM A SĄDEM WŁAŚCIWOŚCI OGÓLNEJ O PRZEPISY KODEKSU POSTĘPOWANIA CYWILNEGO PRZED NOWELIZACJĄ CZY PO NOWELIZACJI
LEGAL DISPUTE BETWEEN E-COURT AND COURTS OF GENERAL JURISDICTION CONCERNING THE REGULATIONS OF CODE OF CIVIL PROCEDURE BEFORE AMENDMENT OR AFTER AMENDMENT?

Author(s): Cezary Dzierzbicki
Subject(s): Civil Law, ICT Information and Communications Technologies
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: Electronic Procedure by Writ of Payment; intertemporal provisions; e-Court; Court of general jurisdiction; decision to terminate proceedings;

Summary/Abstract: Legal dispute between e-Court and Courts of general jurisdiction concerning the regulations of code of civil procedure exists in practice. The article shows genesis of arising this legal problem, which is emerged by imprecise intertemporal provisions of Act of 4 July 2019 on amendment of the act Code of Civil Procedure and certain other acts. The author compares the Electronic Procedure by Writ of Payment, which is carried out on the basis of applicable regulations before amendment or after amendment. The article discusses about argumentations of e-Court and Courts of general jurisdiction. Legal dispute concerns the Act on Court Costs in Civil Cases too. The article shows problems concerning with the renewed lawsuit in the other civil procedure than Electronic Procedure by Writ of Payment. The author pays attention to effects of challenged of decision to terminate the proceedings, which is issued by Court of general jurisdiction. The article shows also the possibility, that the intertemporal provisions are contrary to the Constitution.

  • Issue Year: 2022
  • Issue No: 37
  • Page Range: 86-116
  • Page Count: 31
  • Language: Polish