by Redaktor | Oct 4, 2024 | news-en
In the event of withdrawal of the spouse's consent in an appeal to omit the decision on guilt in the separation judgment, Article 5672 § 2 of the Code of Civil Procedure should be applied (decision of the Court of Appeal in Katowice of 6 December 2000 (I ACa 842/00). This means that the proceedings are discontinued. Article 512 § 1 of the Code of Civil Procedure, which introduces the principle that the withdrawal of the application is effective only after the commencement of the session or after any of the participants has submitted a written statement, shall not apply if the other participants have not objected to it within the time limit set.
by Redaktor | Sep 4, 2024 | news-en
Separation is a separate institution of the establishment of the separation of property by the court (Article 52 § 1 of the Family and Guardianship Code). Separation may be applied in the event of the breakdown of the marital life of the spouses. On the other hand, the abolition of the community of property is a fragmentary solution in the sphere of legal and property relations
One of the important reasons for demanding the abolition of the community of property is the de facto separation of the spouses, which allows the spouses to cooperate in the management of their joint property (see, among others, the judgment of the Supreme Court of 29 January 1997, I CKU 66/96, "Prokuratura i Prawo" No. 7-8, p. 32 and the judgment of 13 May 1997, III CKN 51/97).
However, one cannot focus on aspects of a family law nature, or even on personal relations between spouses, as this may lead to identifying important reasons with the reasons for divorce or separation, for which a complete breakdown of marital life is sufficient (Article 611 § 1). The above view is supported by the judgment of the Supreme Court of 17 December 1999 (III CKN 506/98)
by Redaktor | Aug 2, 2024 | news-en
Divorce of persons with citizenship of different countries is classified as cases with a foreign element, which means that the law that will apply to it is determined by the provisions of private international law. For divorce cases between citizens of Poland and Russia, the relevant provisions of private international law can be found in the Agreement between the Republic of Poland and the Russian Federation on legal assistance and legal relations in civil and criminal matters of 16 September 1996.
Law and competent authority in the case
According to art. 26 of the aforementioned Agreement, in divorce cases the law of the country whose citizenship both spouses have at the time of filing the application (and therefore in Poland: filing the action) for divorce is applied. However, if spouses with citizenship of one of the countries reside in the other country, the applicable law will still be the law of the country of their common citizenship, but the proceedings may also be conducted before the authorities of the country of their place of residence. For example: in the case of a divorce of spouses living in Poland, one of whom has only Russian citizenship, and the other has Russian and Polish citizenship, Russian law will be the applicable law, but divorce proceedings may be initiated and conducted both in a court in Russia and in Poland (depending on which court the action is filed with). However, the Polish court would have to apply Russian law in this case. In the case of a divorce of spouses who do not have the same citizenship, the key factor in determining the applicable law and the authority to conduct the proceedings will be the common place of residence of the parties. This means that if the spouses live in the same country, the law of that country will apply to them and its authorities will be responsible for conducting the proceedings. On the other hand, if the spouses live in two different countries, both Polish and Russian authorities will have the right to conduct divorce proceedings. In such a case, the decisive factor will be which of them one of the spouses applies to first. The law applicable to the divorce will be the law of the country in which the divorce proceedings are conducted. Another important aspect is that the court competent to rule on divorce proceedings is also competent to rule on parental authority and maintenance for the minor children of the parties.
Service of procedural documents
If necessary, the authority of the state before which the divorce proceedings are pending may request the competent authority of the other state (of which one of the spouses is a citizen) to provide legal assistance, consisting, for example, in serving documents to the party to the proceedings. In such a case, the authority requested to provide legal assistance serves the documents in the manner accepted in its state, provided that the documents served have been drawn up in the official language of that state or a certified translation has been attached. Otherwise, the authority may serve the documents on the party only if the party voluntarily accepts them.
by Redaktor | Jul 4, 2024 | news-en
Divorce of citizens of different countries belongs to the category of cases with a foreign element - the provisions of private international law decide which country's law will apply to them. In the case of divorces between citizens of Poland and Ukraine, the relevant provisions of private international law are contained in the Agreement between the Republic of Poland and Ukraine on legal assistance and legal relations in civil and criminal matters, concluded in Kiev on May 24, 1993.
Law and competent authority in the case
According to Article 26 of the aforementioned agreement, the law of the country whose citizenship both spouses have at the time of initiating the proceedings (i.e.: filing a divorce suit) has priority in divorce cases. If the spouses do not have common citizenship, then the decisive factor in determining the law applicable to the divorce, as well as the body before which the proceedings should be conducted, will be their common place of residence (and therefore, if the spouses live in the same country, the law of that country applies and its bodies will conduct the proceedings). Finally, if the spouses live in the territory of two different countries, both Polish and Ukrainian bodies will be entitled to conduct divorce proceedings. The decisive factor will be which of them one of the spouses contacts first. The law applicable to the divorce will be the law of the country in which the divorce proceedings will be conducted. An important issue is that the court competent to rule on divorce is also competent to rule on parental authority and maintenance for minor children. Service of procedural documents
The authority of the state before which the divorce proceedings are pending may, if necessary, request the competent authority of the other state (of which one of the spouses is a citizen) to provide legal assistance, for example – in the matter of serving documents to a party in the proceedings. The authority requested to provide legal assistance serves documents in accordance with the legal provisions in force in its state, if the documents served have been drawn up in the official language of that state or if their certified translation has been attached. Otherwise, it serves documents to the party only if the party voluntarily accepts them.
Recognition of documents
It should be emphasized that documents that have been drawn up or certified in the proper form by the competent authority of one of the states, bearing the official seal and the signature of the authorized person, have evidentiary force in the territory of the other state without the need for legalization. This also applies to copies and translations of documents that have been certified by the competent authority. Furthermore, documents that are treated as official documents in the territory of one state are also considered as such in the territory of the other state.
by Redaktor | Jun 3, 2024 | news-en
Pursuant to the resolution of the Supreme Court of July 25, 1978 (case ref. adoption, if they were granted a power of attorney to conduct a given case (Article 87 § 1 in connection with Article 426 of the Code of Civil Procedure).
