Poszukiwanie prawdy w procesie cywilnym
Ładowanie...
Data wydania
2014
Autorzy
Tytuł czasopisma
ISSN
1689-8052
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
Fundamentally, it is expected that dispensation of justice guarantees a fair judgement.
However, both terms -‘justice’ and ‘truth ’, which are closely related to each other,
are ambiguous. What is more, their common meaning strays from the legal one.
At the same time, the adoption of the proper concept of truth (procedural or objective)
by a legislator leads to the significant consequences in practice which have an impact
on drawing conclusions and on settling a civil law dispute.
This paper attempts to determine the concept of the principle of the adopted truth
in the Polish civil procedure. The author analyses the development of the Code of Civil
Procedure and assesses the amendments. The matter of the principle of truth in force is
still a moot point among lawyers since the amendment of the Code of Civil Procedure
was introduced on March 1, 1996. It was a turning point in reference to the previous
accepted concept of the objective truth . Next changes, especially the latest ones, confirm the thesis about applying de lege lata the principle of the objective truth . That
conclusion is the central thought of this short essay.
The goal of the paper is to discuss the practical and theoretical aspects of the principle
of the truth which can be recognized as the most justifiable. The author of the
article tries to present advantages and disadvantages of both concepts of truth and also
formulate the postulates de lege ferenda. They should provide the grounds for a detailed
discussion among legal experts, and particularly among the theorists of law.
Opis
Tematy
Słowa kluczowe
Źródło
Studia Prawnicze. Rozprawy i materiały 2014, nr 2, s. 169-180.