Badanie właściwości sądu – obowiązek sądu czy pozwanego?
Investigating the jurisdiction of the court – an obligation of the court or the defendant?

The evolution of the rules of investigating the jurisdiction of a court against the background of the solutions introduced by the Act of 4 July 2019

Author(s): Paulina Zaborowska
Contributor(s): Krzysztof Leitgeber (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: court’s jurisdiction; ex officio investigation; irremovable lack of jurisdiction; prorogation agreement
Summary/Abstract: Over the years, the principles of investigating court’s jurisdictions have assumed different shapes. Regardless of time, the premise that the irremovable lack of jurisdiction requires a greater control of the judicial body than the case where the setting of jurisdiction may be reached by means of a prorogation agreement has remained unchanged. Having scrutinized the evolution of solutions adopted by the legislator, one has to conclude that none of the mechanisms employed so far can be deemed perfect. The model restored by virtue of the so-called grand amendment does not square with the classical rules of the civil procedure, whereas the method consisting in leaving the investigation of the court’s jurisdiction to the defendant’s initiative led to many distortions in court practice and, moreover, resulted in plaintiff’s excessive privilege. Introducing the obligation to assess the irremovable lack of jurisdiction "ex officio" before delivering the lawsuit again increased the importance of the general and alternating jurisdiction on the judicial ground, but simultaneously, led to the situation where the territorial jurisdiction is rigid and fulfills the public interest in the first place. A return to the solutions from before 2007 cannot, as a result, be evaluated positively in its entirety.

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