ADDITIONAL FORMAL REQUIREMENTS FOR A STATEMENT OF CLAIM AND AN APPLICATION TO COMMENCE NON-CONTENTIOUS PROCEEDINGS RELATED TO THE STATE OF EPIDEMIC THREAT Cover Image

DODATKOWE WYMOGI FORMALNE POZWU I WNIOSKU O WSZCZĘCIE POSTĘPOWANIA NIEPROCESOWEGO ZWIĄZANE ZE STANEM ZAGROŻENIA EPIDEMIOLOGICZNEGO
ADDITIONAL FORMAL REQUIREMENTS FOR A STATEMENT OF CLAIM AND AN APPLICATION TO COMMENCE NON-CONTENTIOUS PROCEEDINGS RELATED TO THE STATE OF EPIDEMIC THREAT

Author(s): Jarosław Stasiak
Subject(s): Civil Law, Court case, Administrative Law
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: formal requirements of the claim; claim; court paper; email-address in civil procedure;

Summary/Abstract: One of the ideas concerning facilitation of civil procedure during the COVID-19 pandemic was introduction of electronic as well as direct form of communication between professional attorneys and the court, which was supposed to begin from providing an e-mail address and a mobile phone number in the documents initiating the civil proceedings. In this article the author attempts at assessing the effectiveness of the assumption made by the legislator. He points out to numerous comments made by self-governments of professional attorneys concerning the introduced solution, discusses the judicial decisions based on it as well as views presented in the doctrine. Finally, he verifies whether the introduction of the above solution into the Civil Procedure Code would be right, both in the general regulations and in some separate proceedings, and points out to additional conditions that need to be fulfilled if the above scheme were to be implemented.

  • Issue Year: 2023
  • Issue No: 43
  • Page Range: 102-110
  • Page Count: 9
  • Language: Polish