Open AccessThe concept of legal atavism - the example of Art. 880 Code of Civil Procedure
Author(s) -
Janusz Nowak
Publication year - 2020
Publication title -
opolskie studia administracyjno-prawne
Language(s) - English
Resource type - Journals
eISSN - 2658-1922
pISSN - 1731-8297
DOI - 10.25167/osap.1893
Subject(s) - civil code , code (set theory) , enforcement , order (exchange) , civil law (civil law) , law , epistemology , political science , the republic , legal science , sociology , computer science , philosophy , commercial law , business , set (abstract data type) , finance , programming language
The article focuses on the application of the concept of atavism, which originally was developed in biology, in the area of legal science. The article analyzes characteristics of legal atavisms. Negative consequences of their existence are also depicted. The concept of atavism is discussed based on Art. 880 of the Code of Civil Procedure, which can – in the author’s opinion – be an appropriate example to reflect the significance of this term. The analysis which was conducted enabled the author to propose de lege ferenda postulate, which may positively affect the course of the judicial enforcement proceedings and the way of shaping the legal order of the Republic of Poland.