Abstract

The author addresses the issue whether the plaintiff’s appeal against the judgement insofar as its principal claim was rejected is admissible in a situation whereby the plaintiff has not challenged the part of the judgement accpeting their alternative claim.The analysis includes the question whether the unchallenged part of the judgment relating to alternative claim will become in formally (Art. 363(1) of the Code of Civil Procedure) and substantively valid (Art 365(1) of the Code of Civil Procedure), or whether the appeal concerning the principal claim (which father reaching) implicitly covers the request to change the part of judgement concerning the alternative request.According to one of the views, when, as the result of the appeal, the principal claim is granted, the judgement will become only partly invalid.The appeal against the part of judgments concerning the alternative claim should be dismissed due to a lack of legal interest or no gravamen – when the judgement is not unfavourable to the plaintiff.The author presents an opposite view and points out that this matter has not been resolved in jurisprudence. The article also presents the issue of the court being bound by the scope of the appeal and the prohibition of reformationis in peius, and discusses the premises for filing an appeal.