Abstract

The article discusses the constitutional principle of two-tier judicial proceedings and its application in the proceedings for abolition of co-ownership. In the author’s opinion the principle of two-tier judicial proceedings laid down in Art. 176 § 1 of the Constitution has not been fully realized in the above mentioned proceedings. The legislator failed to foresee the possibility of subjecting a decision of the appellate court with respect to so-called supplemental claims (Art. 618 § 1 of the Code of Civil Procedure) successfully filed for the first time to that court to the appellate review.