Description

• Title:
  The Notion of Litigation Capacity in Polish Civil Proceedings Against the Background of Comparative Law
• Creator:
  Rawczyński, Paweł
• Description:
  The problems of this paper refer to comparative law considerations related to the notion of litigation capacity in civil proceedings in selected European legal systems so as to establish in an evaluative way the identities, differences and similarities, occurring between them. This research serves primarily to find new solutions aimed to improve Polish legal provisions with regard to litigation capacity. Thus, the legal definitions of the notion of litigation capacity formulated on the ground of German, Austrian, Swiss, Norwegian, Hungarian, Italian, Ukrainian, Czech, French and Polish systems of civil proceedings have been presented in the paper. Many attempts at defining the notion of litigation capacity in civil proceedings have been also undertaken in the legal theory of these states, which have been also presented in the necessary scope for the needs of this paper, the more so that there have occurred numerous divergences how this notion is to be understood. In this area, there is a particular need to resolve the issue whether litigation capacity shall be understood as a category of a type of feature or qualification or else as a subjective right.
• Object availability:
  free access
• Rights:
  Prawa autorskie (c) 2024 Paweł Rawczyński;
  https://creativecommons.org/licenses/by-nd/4.0
• Date:
  2024.12.03
• Type:
  info:eu-repo/semantics/article;
  info:eu-repo/semantics/publishedVersion
• Language:
  English
• Source:
  Comparative Law Review; Tom 30 (2024): Comparative Law Review; 141-170;
  Comparative Law Review; Vol. 30 (2024): Comparative Law Review; 141-170;
  2391-7644;
  0866-9449
• Format:
  application/pdf
• Publisher:
  Uniwersytet Mikołaja Kopernika w Toruniu
• Relation: https://apcz.umk.pl/CLR/article/view/48379/40487
• Subject:
  civil proceedings;
  the Code of Civil Procedure;
  litigation premise;
  litigation capacity (capacity to perform acts in civil proceedings);
  court capacity (capacity to be a party in civil proceedings);
  definitions
• Identifier: https://apcz.umk.pl/CLR/article/view/48379
• Data provider:
  Akademicka Platforma Czasopism
• Can I use it?:
  seek permission
• Type:
  text