Poszukiwanie prawdy w procesie cywilnym
Oficyna Wydawnicza AFM
Fundamentally, it is expected that dispensation of justice guarantees a fair judgement. However, both terms -‘justice’ and ‘truth ’, which are closely related to each other, are ambiguous. What is more, their common meaning strays from the legal one. At the same time, the adoption of the proper concept of truth (procedural or objective) by a legislator leads to the significant consequences in practice which have an impact on drawing conclusions and on settling a civil law dispute. This paper attempts to determine the concept of the principle of the adopted truth in the Polish civil procedure. The author analyses the development of the Code of Civil Procedure and assesses the amendments. The matter of the principle of truth in force is still a moot point among lawyers since the amendment of the Code of Civil Procedure was introduced on March 1, 1996. It was a turning point in reference to the previous accepted concept of the objective truth . Next changes, especially the latest ones, confirm the thesis about applying de lege lata the principle of the objective truth . That conclusion is the central thought of this short essay. The goal of the paper is to discuss the practical and theoretical aspects of the principle of the truth which can be recognized as the most justifiable. The author of the article tries to present advantages and disadvantages of both concepts of truth and also formulate the postulates de lege ferenda. They should provide the grounds for a detailed discussion among legal experts, and particularly among the theorists of law.
Studia Prawnicze. Rozprawy i materiały 2014, nr 2, s. 169-180.