Powództwo oczywiście bezzasadne z art. 191 § 1 k.p.c. na tle zasad procesowych
Manifestly unfounded claim included in art. 191 § 1 of the Code of Civil Procedure in the context of selected procedural rules

Author(s): Jakub Spiechowicz
Contributor(s): Maja Dziubak (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: manifest unfoundedness; procedural rules; amendment of the CPC of 2019
Summary/Abstract: The article addresses the manifestly unfounded claim included in art. 191 § 1 of the Code of Civil Procedure in the context of selected procedural rules. In the first part of the article, the author attempts to define the meaning of the concept of “manifest unfoundedness”. With this purpose in view, the rich body of the Supreme Court rulings and opinions of legal academics and commentators is employed. The author carries out a logical analysis of the concept of manifest unfoundedness and points to the multiple contexts of its use in Polish legislation. Next, conditions for manifest unfoundedness included in art. 191 § 1 CPC are discussed in detail, as well as the range of cases covered by the Code. In the second part of the article, the author focuses on and examines procedural rules, in particular the following three: the right to a fair trial, the right to due process, and the principle of open justice. The author demonstrates that the manifestly unfounded claim from art. 191 § 1 CPC instituted with the amendment of the Code of Civil Procedure in 2019 blatantly violates the said rules and does not meet the principal purpose guiding the legislator.

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