Zarzut naruszenia zasady swobodnej oceny dowodów w postępowaniu apelacyjnym
Charges of violating the principle of free assessment of evidence in appeal proceedings
Author(s): Łukasz KozakiewiczSubject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: principle of free assessment of evidence; grounds for appeal; appeal proceedings
Summary/Abstract: Correctly formulating the grounds for an appeal that questions the factual findings made by the court of first instance requires pointing out breaches of the principles of logical reasoning and life experience, including a detailed description of the principle violated and the manner in which it was breached, as well as the means of evidence whose assessment –followingthese breaches – proved to be faulty and led to an erroneous finding of fact. Defective formulation of such grounds results in refusal by the court of appeal to verify the factual findings accepted in the challenged judgment and may have material consequences for the assessment of the proper application of substantive law, and thus affect the success of the appeal lodged.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2015
- Issue No: 4
- Page Range: 31-48
- Page Count: 18
- Language: Polish