Monitor Prawniczy

no. 8/2021

Apropriate application of the procedural provisions to independent proceedings regulated in the Code of Civil Procedure

DOI: 10.32027/MOP.21.8.2
Ireneusz Wolwiak
Autor jest adiunktem na Uniwersytecie Śląskim w Katowicach; ORCID: 0000-0002-6894-058X.
Abstract

When implementing the Code of Civil Procedure the legislator decided to regulate fully the procedure, including in Art. 13 § 2 the institution of appropriate application of the provisions relating to the process or other proceedings contained therein. In turn, appropriate application of the provisions makes it necessary to carry out actions which would allow for the introduction of referrals to situations arising in this type of proceedings. Such provisions will be applied directly, with appropriate modification or they will not constitute the basis for regulating such situations. Such an analysis of appropriate application of the provisions has been made in relation to conciliation proceedings. First, the proceedings as such has been presented in general terms, and then the institution of appropriate application of the provisions has been presented with quotations from the articles by J. Wróblewski ”Referrals” and J. Nowacki, ”Appropriate application of the laws”. At the same time, it has been shown with respect to regulating the proceedings initiated by the summons to conciliatory proceedings. The core of of this discussion is admissibility of applying the provisions of the Code of Civil Procedure on complaints in conciliation proceedings, together with the conclusion included in the summing up of the discussion.