Public elements in the civil procedural law. Evolution and revolution

Anna Stawarska -Rippel

Abstract


The demands to simplify formalities and prevent the delay of procedure and reduce litigation costs accompany all reformist ideas about civil procedure, from the Napoleonic Code to the present.
The movement of socialization of the private law, mitigating the conflict between capital and labor resulted in the recognition that civil litigation should not be treated merely as a means of resolving
private disputes between the parties but as a phenomenon that affects society as a whole. As a result, it was concluded that public interest in civil proceedings is also important. Starting from Austria,
where the ideas of Franz Klein started a new stage in the evolution of civil procedure, and then in Germany, Hungary, Poland, the Netherlands, and the Scandinavian countries, Liechtenstein, Switzerland and Italy, began to leave the so-called formal truth in civil proceedings. A broad consideration of a public element in civil litigation characterized the extending of the powers of the court, to
improving the impact on the course of the proceeding and the gathering of evidence, but not eliminating principles which express the essence of civil procedure, so as to safeguard the interests of the private in accordance with the principles ne procedat iudex ex officio and ne eat iudex ultra petita partium. Unlike in totalitarian states where private rights were only relatively private. Elimination
of those principles meant a greater change to extend private law than private procedural law.

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DOI: http://dx.doi.org/10.17951/sil.2013.19.0.297
Data publikacji: 2015-07-12 03:05:21
Data złożenia artykułu: 2015-07-07 23:52:23

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