Abstract

Derogation of Art. 369 § 2 of the Code of Civil Procedure causes that a prior request of a party to have the judgment and the grounds thereof delivered is a necessary prerequisite for filing an appeal. Thus, the legislator excluded the possibility to file an appeal directly. This change has aroused doubts in the judicial practice. One of the possible responses is the reception of a view expressed under the rule of the 1930 Civil Code. It was then assumed that an appeal lodged prior to the filing of a request to have the judgment and the statement its grounds delivered contains this request implicitly. However, formalisation of the request to have the judgments and the statement of its grounds delivered as well as a changed perception of a preclusive nature of procedural steps do not allow to accept this position de lege lata. A different approach to this issues was suggested in the Supreme Court resolution of 29 September 2020, III UZP 2/20.