Immunitet państwa w postępowaniu rozpoznawczym w sprawach cywilnych – wybrane zagadnienia procesowe
Immunity of the State in court examination of civil law cases – selected procedural issues
Author(s): Agnieszka Laskowska-HuliszSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Kancelaria Sejmu
Keywords: civil procedure law; state immunity;
Summary/Abstract: A dominant view that a foreign state uses immunity in court examination of civil law cases deserves acceptance. This is the so-called limited immunity. The immunity of a foreign state in court examination of civil law cases and matters related to its examination should not be regulated in domestic law, including the Code of the Civil Procedure. Solutions for pursuing claims before national courts from a foreign state cannot be limited only to the issue of regulation of state immunity and the possibility of its waiving by the foreign state, but they also should cover issues related to the subsequent execution of a judgement delivered in such proceedings.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2018
- Issue No: 3
- Page Range: 9-21
- Page Count: 13
- Language: Polish