Monitor Prawniczy

no. 1/2014

The notion of interpretation of judgments and the entity authorized to do it under the civil procedure

Monika Odrowska-Stasiak
Autorka jest doktorantem w Katedrze Postępowania Cywilnego II na Wydziale Prawa i Administracji Uniwersytetu Łódzkiego.
Abstract

The article analyses the notion of interpretation of judgments on the basis of the Code of Civil Procedure. Interpretation of judgments is regulated in Art. 352 of the Code of Civil Procedure. According to this provision, the court which passed a judgment shall resolve any doubts as to its contents. The notion of interpretation of a judgment is analysed by reference to the meaning, purpose and function of one of the key issues of jurisprudence, namely interpretation of law. For the definition of that notion it was also expedient to classify the interpretations with respect to the interpreting entity and their binding force. In the latter part of the article, the authoress focuses on the court as an entity authorized to interpret the judgment. The article answers the question in what sense the term “court” was used on the basis of Art. 352 of the Code of Civil Procedure.