No. 26-27 (1970)
Artykuły

Acknowledgement of actions and its relation to the acknowledgement of claims regulated by the Civil Code

Published 2023-04-30

Keywords

  • civil process,
  • civil procedure,
  • civil code,
  • procedural law,
  • substantive law,
  • lawsuit,
  • recognition of a lawsuit
  • ...More
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How to Cite

Acknowledgement of actions and its relation to the acknowledgement of claims regulated by the Civil Code: [Acknowledgement of actions and its relation to the acknowledgement of claims regulated by the Civil Code]. (2023). Studia Prawnicze The Legal Studies, 26-27, 111-126. https://doi.org/10.37232/sp.1970.26-27.10

Abstract

The author of this article presents the institution of acknowledgement of action in the Polish legal system. Acknowledgement of the claim in the doctrine of civil procedure and in the case law of the Supreme Court consists of two types of statements by the defendant, namely a statement of knowledge and a statement of intent. The author considers the nature of this institution, pointing out procedural but also material legal elements. The resolution of this issue is of colossal importance in terms of the validity and effect of the acknowledgement of the claim. The achievements of German doctrine and pre-war Poland are recalled in the work.