TY - JOUR
TI - Depriving a party of the opportunity to defend its rights as a reason for the nullity of proceedings as presented in the decisions of the Polish Supreme Court
AU - Szymanowski, Marek
TI - Depriving a party of the opportunity to defend its rights as a reason for the nullity of proceedings as presented in the decisions of the Polish Supreme Court
AB - 
	Depriving a party of the right of defense may also provide grounds for reopening of legally finished proceedings. The court of second instance can take the invalidity of proceedings within the scope of the appeal even ex officio, and thus regardless of the pleas of the parties. It is not possible to create a register of factual situations in which a party was deprived of the right of defense because a completely new situation leading to the nullity may always arise. A broad register of possibilities causing the deprivation of the right of defense causes the fact that the charge of nullity on this ground is often raised in appeals, which is also reflected in the rich jurisprudence of the Polish Supreme Court on this issue. This article is an attempt to review, analyze and summarize important decisions of that Court referring to nullity of proceedings due to depriving a party of the right of defense.
VL - 2021
IS - 1 (26)
PY - 2021
SN - 2392-1943
C1 - 2720-3670
SP - 37
EP - 69
DO - 10.4467/23921943RP.21.002.13890
UR - https://ejournals.eu/en/journal/radca-prawny/article/pozbawienie-strony-moznosci-obrony-jej-praw-jako-przyczyna-niewaznosci-postepowania-w-orzecznictwie-sadu-najwyzszego
KW - the nullity of the proceedings
KW - the deprivation of the party of the right of defense