Monitor Prawniczy
no. 8/2014
Contradiction with the fundamental principle of public order (Art. 1146 § 1.7 of the Code of Civil Procedure) as a reason for partial permission to enforce a verdict of a foreign court
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu im. Adama Mickiewicza.
Abstract
The provisions of the Code of Civil Procedure do not regulate permissibility of granting partial permission to enforce a verdict passed by a foreign court. The article discusses this issue in the light of a case resolved with a judgement of the Supreme Court of 11 October 2013, I CSK 697/12, in which partial permission for enforcement of the verdict was its contradiction with Polish public order owing to the excessive amount of money adjudicated as a compensation for defamation of character in mass media. The author approves the Supreme Court position that it is possible to pronounce that a foreign verdict is partially enforceable also with respect to one claim granted therein if its object is divisible, and such solution may be also based on reference to the public order clause.