Sentence nullity caused by the denial of a right of defense. A case study Cover Image

Nieważność wyroku spowodowana odmówieniem prawa do obrony. Analiza przypadku
Sentence nullity caused by the denial of a right of defense. A case study

Author(s): Urszula Nowicka
Subject(s): Civil Law, Canon Law / Church Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Keywords: judgment nullity; right of defense; querella nullitatis

Summary/Abstract: According to can. 1620 No. 7 CIC, a sentence suffers from the defect of irremediable nullity if the right of defense was denied to one or the other party. In this case the party may bring an action for nullity. This complaint to one of the courts in Poland was filed in 2016 by the defendant. He referred to the fact that the plaintiff concealed his address before the court, he did not know about the trial and about the fact that his marriage was considered null. The article is an analysis of the right and the actual state of this issue.

  • Issue Year: 28/2019
  • Issue No: 3
  • Page Range: 183-194
  • Page Count: 12
  • Language: Polish