Search Results

Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

The Importance of National Courts in the Examination Proceedings Before a Polish Court. Commentary on the Supreme Court Judgment of 19 May 2005 (V CK 783/04)

Katarzyna Sznajder

Published: 30-06-2009 | Abstract | pp. 175-182

The article analyzes a commentary on the Supreme Court judgment of May 19, 2005 (V CK 783/04) regarding the significance of foreign court judgments in Polish trial proceedings. The key issue is how foreign court judgments are taken into account in Poland and the conditions for their effectiveness within the Polish legal system. The Supreme Court in the discussed judgment focused on the application of the provisions of the Lugano Convention of September 16, 1988, indicating that judgments rendered in Convention states are to be recognized in other states without the need for special proceedings. It was emphasized that the recognition of a foreign judgment extends its effects to the territory of the recognizing state. The analysis also included the distinction between the effectiveness, finality, and enforceability of a judgment. The article indicates that to determine the type and scope of the effects of a foreign judgment, it is necessary to refer to the laws of the state of origin.

2009-06-30



Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

Karol Weitz, Domestic Jurisdiction in Civil Proceedings, Warsaw, Wydawnictwo Prawo i Praktyka Gospodarcza Sp. z o.o., 2005, 496 pp.

Maksymilian Pazdan

Published: 29-06-2008 | Abstract | pp. 173-174

The review concerns Karol Weitz's monograph "National Jurisdiction in Civil Proceedings," which formed the basis of his habilitation. The author analyzes national jurisdiction as a legal institution, its place in the system of civil procedure, and specific issues related to its functions and significance. The reviewer positively assesses the distinction between international jurisdiction and jurisdictional authority, the analysis of the forum non conveniens concept, and the discussion of jurisdictional conflicts. However, he is critical of the solution regarding the lack of national jurisdiction resulting from an agreement on the jurisdiction of foreign courts. The overall assessment of the dissertation is highly positive, and the reviewer expresses confidence that the author's concepts will be permanently incorporated into Polish doctrine.

2008-06-29