Pursuing claims in Polish civil process

Abstract

This article presents an outline of the basic issues of pursuing claims in Polish civil process and, more broadly, in Polish civil proceedings. It contains a short introduction to the history of the Polish Code of Civil Procedure, taking into account the period before World War II, the post-war period, and the period after the political transformation of 1989–1990. The article indicates a characteristic change in the leading principles of civil procedure in Poland over the last 30 years and the influence of foreign legislation and foreign doctrine on the position of Polish science in the civil process. The article explains the basic concepts of Polish civil procedural law, taking into account the last major amendment to the Code of Civil Procedure of July 4, 2019. It discusses the way to obtaining judicial legal protection in civil and non-litigious proceedings. When discussing specific issues of consideration of claims in civil proceedings, it should be kept in mind that every year Polish courts consider about 20 million civil cases (including arbitration cases), while criminal cases in Poland are considered 10 times less. This shows the leading role of civil law and judicial proceedings in the Polish justice system and public relations in Poland. This also means that a much larger number of civil lawyers are required in the legal field than lawyers specializing in criminal cases. In the general courts, we have much more judicial boards that apply the provisions of civil proceedings than the boards dealing with criminal cases. Some lawyers are engaged exclusively in the application of civil law and civil proceedings, for example, bailiffs, judicial assistants, judges of collegiums in civil cases, notaries. Also, the vast majority of legal advisers provide legal services in civil cases, although they are also allowed to act as defenders in criminal cases.

Keywords:

claim, legal entitlement, civil case, power of attorney, evidence contracts, payment orders, permission to execute the judgment, abuse of procedural rights, litigation parties, procedural participation