KONFRONTACJA STRONY I ŚWIADKA W POSTĘPOWANIU CYWILNYM
CONFRONTATION BETWEEN A WITNESS AND A PARTY IN CIVIL PROCEEDINGS
Author(s): Magdalena SkibińskaSubject(s): Civil Law, Ethics / Practical Philosophy
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: confrontation; application of the provisions mutatis mutandis; contradictory testimonies of a witness and a party; discretionary assessment of evidences; principle of truth; examination of a party;
Summary/Abstract: The main focus of this paper is the admissibility of confrontation between a witness and a party in civil proceedings. The article points out that such confrontations are possible according to Article 304 sentence 2 in conjunction with Article 272 of the Polish Code of Civil Procedure and indicates the principles according to which they must be held. Premises entitling to carry out such a confrontation are: prior taking of testimony from both a witness and a party and their mutual (full or partial) contradiction. Furthermore, the optional character of this institution was also emphasized and both its advantages and the method of assessing the testimony of the confronted witness and the party were discussed.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2019
- Issue No: 24
- Page Range: 126-144
- Page Count: 19
- Language: Polish