Konwalidacja nieuchylenia cywilnego wyroku zaocznego w wyroku kończącym sprawę

Abstract

The Code of Civil Procedure provides for the institution of a default judgment. In the event of an effective objection from it, the matter is examined on the merits. The court issues a judgment, which upholds the default judgment in whole or in part, or repeals it and decides on the demand for the statement of claim, or the statement of claim is rejected or the proceedings are discontinued. If the claim is adjudicated, the earlier judgment should also be set aside. If not, we are dealing with a situation where two judgments on the same case remain in legal circulation. This paper presents concepts on how to remedy this error, in particular based on the current position of the Supreme Court. In the author’s opinion, the arguments of the Supreme Court cannot be defended, while the discussed subject matter is so complicated and unclear that in the current legal situation it is impossible to unequivocally determine the method of validating the failure to set aside the default judgment.