Conditions for the reinstatement of the statute of limitations in civil court proceedings and in general administrative proceedings (comparative remarks) Cover Image

Conditions for the reinstatement of the statute of limitations in civil court proceedings and in general administrative proceedings (comparative remarks)
Conditions for the reinstatement of the statute of limitations in civil court proceedings and in general administrative proceedings (comparative remarks)

Author(s): Edyta Gapska, Maciej P. Gapski
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: civil procedural law; general administrative proceedings; procedural formalism; reinstatement of the time limit

Summary/Abstract: All proceedings before the organs of public administration and the administration of justice are characterized by formalism, which is a necessary condition of respecting the principle of equality of both interested parties. One of the most significant aspects of this formalism is – both in civil procedure and in general administrative proceedings – undertaking procedural actions with an adherence to a time limit. The importance of fulfilling this condition is strictly connected with the problem of effectiveness of procedural actions performed by the participants of litigation. The comparison of time limitations and its consequences in civil procedure and general administrative procedure reveals a relative similarity in the sphere of prerequisites to reinstate the time limit, with the major differences focusing on the manner of proceeding and deciding upon the subject matter of the motion. Both procedures provide a relatively suspensory character of the motion for reinstatement of the time limit and the possibility of discontinuing the proceedings or execution of the decision or judgment by the authority or the court. Despite many similarities, there is a significant difference concerning the issue of appealability of the decision referring to the reinstatement of the time limit.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 103-114
  • Page Count: 12
  • Language: English