Zaskarżalność postanowień, których przedmiotem jest odmowa uzasadnienia orzeczenia oraz jego doręczenia
Challenging the decisions of the first and second instance courts concerning the refusal to justify the ruling and its submission

Author(s): Paweł Bury
Contributor(s): Krzysztof Leitgeber (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: civil procedure; appeal; final judgments in a legal proceeding; grounding the judgment
Summary/Abstract: This article’s subject matter are issues connected with CPC-based challengability of the decisions of the first and second instance courts concerning the refusal to justify the ruling and its submission. They have been caused by the changes introduced in the act of 4 July 2019, at the same time raising some doubts in interpretation, so far unresolved. The challengability of the decisions which refuse to justify the ruling and its submission is undoubtedly crucial from the party’s interest viewpoint, as it is connected with the issue of appealing against the very decision, which the court refused to justify and submit. In general, appealing against such a decision will be inadmissible if the party does not successfully submit a prior request for its submission with the justification and does not receive this ruling.

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