TY - JOUR
TI - Grounds for appeal in small claims proceedings
AU - Czubala, Michał
TI - Grounds for appeal in small claims proceedings
AB - The article discusses the issue of the grounds for appeal in simplified proceedings, as provided for in Article 505(9) §1(1) of the Polish Code of Civil Procedure. Particularly significant is whether, within these grounds, it is permissible – in light of the judgment of the Constitutional Tribunal of Poland of January 13, 2004, case file no. SK 10/03 – to challenge the factual findings of the first-instance court. Furthermore, it has been considered whether the appellate court is bound by the grounds raised in the appeal. For this purpose, the characteristic features of the full appeal model and the limited appeal model are analysed. Since the entry into force of the amendment to the Polish Code of Civil Procedure on November 7, 2019, the model of appeal in simplified proceedings is similar to the full appeal model, although the regulations in this regard are not consistent and coherent. Therefore, the appellate court in small claims proceedings is not bound by the grounds for appeal. Furthermore, taking into account the indications of the Constitutional Tribunal of Poland in the judgement mentioned above, it must be acknowledged that within the grounds for appeal in small claims proceedings, it is permissible to question the factual findings of the first-instance court. Due to the ambiguity of the legal regulations, the legislator must decide if the model of the appeal in small claims proceedings is supposed to be a full appeal model – in this case, the regulations concerning the appeal in small claims proceedings are superfluous – or is it supposed to be a limited appeal model – in this case, it is necessary to regulate the appeal anew.
VL - 2024
IS - 1 (38)
PY - 2024
SN - 2392-1943
C1 - 2720-3670
SP - 105
EP - 119
DO - 10.4467/23921943RP.24.006.19887
UR - https://ejournals.eu/en/journal/radca-prawny/article/podstawy-apelacji-w-postepowaniu-uproszczonym
KW - grounds for appeal
KW - small claims proceedings
KW - full appeal
KW - limited appeal