Ocena zgodności z Konstytucją przepisów ustawy – Kodeks postępowania cywilnego w zakresie terminu do wniesienia skargi o wznowienie postępowania
Assessment of conformity to the Constitution of provisions of the Act – the Code of Civil Procedure with regard to deadline for bringing a complaint regarding for resumption of proceedings

Summary/Abstract: In his position, the Sejm requested the Constitutional Tribunal to state that to the extent, in which provisions of the Code of Civil Procedure provide for a three-month period for filing complaint concerning the resumption of proceedings in case the judgment was based on a counterfeit or falsified document, and to the extent that the failure to meet this deadline results in the rejection of the complaint, conform to the Constitution. In the opinion of the Sejm, an allegation of a disproportionately short deadline is unjustified, as the deadline of three months to perform a specific procedural activity is one of the longest ones provided for in the Polish civil procedure and does not differ from the ones provided for in the civil procedural laws of other European countries. The practice of application by common courts of the provision in question also justifies the position indicating conformity to the Constitution.

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