NIEKONSTYTUCYJNOŚĆ ART. 4241 § 1 K.P.C. – STUDIUM PRZYPADKU

Abstrakt

Author considers if Article 4241 § 1 of Civil Proceedings Law is contrary to Basic Law, when it reduces possibility of placing plaint for identifying inconsistency with law of valid court decision in case when ,by its rendering, only one litigant suffered a damage. Law mentioned previously indicates that demanding of identifying inconsistency with law of valid court decision of second instance ending proceedings in process, is possible if by its rendering, litigant suffered a damage and a change or repeal of the judgement by tenable legal means wasn’t and is still not possible. Author shows that mentioned law doesn’t warrant placing a plaint to identify inconsistency with law of valid court decision, in case when by its rendering damage wasn’t done to litigant, but to assigned proxy representing litigant.