Frey Robert, The origins of the amendments to the provisions of judicial enforcement proceedings

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Opublikowano: PPP 2016/7-8/137-143
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The origins of the amendments to the provisions of judicial enforcement proceedings

1.Introduction

The provisions of the Code of Civil Procedure (CCP) are repeatedly amended. From the moment of issuing the uniform text on 21 January 2014 the provisions of this Act were amended by the regulations of 29 laws (by the end of 2015). Although the Supreme Court has repeatedly expressed the attitude that the Code of Civil Procedure should be amended in a comprehensive manner on an annual basis , it remains a voice in the wilderness.

This large-scale legislator's activity raises a question about the legal sources of these amendments. The term „sources of law” is an exceptionally disputed concept in the doctrine and it has even been proposed to abandon the usage of this expression. In the theory of law the source of law is understood as „facts creating the law (legislative facts) such as passing an Act, or a legislative precedent. They result in particular general and abstract legal standards or their sets ”. Traditionally the sources of law are divided into the origins of law (fontes iuris...

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