Open AccessRewolucja w procedurze cywilnej – doręczenia pism procesowych
Author(s) -
Kinga Stadnik-Cząstka
Publication year - 2020
Publication title -
zeszyty naukowe uniwersytetu rzeszowskiego
Language(s) - English
Resource type - Journals
ISSN - 1643-0484
DOI - 10.15584/znurprawo.2020.29.17
Subject(s) - promulgation , sanctions , correctness , limiting , law , civil procedure , process (computing) , business , point (geometry) , code (set theory) , service (business) , political science , computer science , process management , engineering , marketing , algorithm , mathematics , mechanical engineering , programming language , operating system , geometry , set (abstract data type)
In connection with the promulgation of the Act of 4 July 2019 amending the Act – Code of Civil Procedure and some other acts, there was an unexpected change after three years in the provisions on the delivery of pleadings. The article will present new provisions related to delivery and discuss the legal tool aimed at limiting the „fiction of service”, i.e. the implemented solution involving bailiffs in the process of delivery. The article will discuss the essence of the change, which leads to a situation where all cases, regardless of when they were initiated, will be subject to uniform regulation, and will also indicate why the formalities related to these changes are significant, mainly due to the severe sanctions that threaten to fail new procedural requirements. The essence of the correctness of direct service from the point of view of procedural practice and the effectiveness of communication between the parties necessary in a civil procedure will be assessed.