ZAPOBIEGANIE NADUŻYWANIU PRAWA DO SĄDU. RZYMSKIE SACRAMENTUM A WSPÓŁCZESNE SLAPP-Y
PREVENTION OF THE ABUSE OF THE RIGHT TO COURT. ROMAN SACRAMENTUM AND CONTEMPORARY SLAPPS

Summary/Abstract: The subject of this article is the issue of prevention the abuse of the right to a court. The authordraws attention to the fact that the phenomenon of the abuse of the right to a court and its prevention have accompanied the development of law and legal regulations since ancienttimes. The article presents the issue of the abuse of the right to a court in relation to the Romansacramentum and indicates the essence of contemporary SLAPPs (Strategic Lawsuits AgainstPublic Participation) and ways of counteracting them. Sacramentum was an institution ofprocedural law and has deep roots in the religious tradition of ancient Rome and symbolicmeaning, while SLAPPs are a modern, undesirable phenomenon related to the procedural andfinancial aspects of the legal system. The article also indicates the relationships, similaritiesand differences between the ancient Roman sacramentum and modern SLAPPs, as well as anattempt to answer the question whether the use of the equivalent of the Roman institution ofsacramentum could effectively limit contemporary SLAPPs.

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