Absence of the participant in the proceedings and the proceedings’ validity
22nd  of April 2010

The Highest Court , in the full constitution of seven judges, on the 20th of April 2010, adopted a resolution concerning the impact of the absence of the participant in the proceedings on the proceedings validity, and put it on force of the obligatory legal principle (File no. III CZP 112/09). The resolution’s matter does not exceed the scope of the question addressed to the Court, however the judges rightly admitted that the previous doubts and diversified practice in the subject, required the final regulation. The legal question referred to the proceedings in the subject matter of  declaring the usucaption of immovable, and the answer comprised in the resolution referred to all the cases adjudicated in non-litigious proceedings.

 The resolution stated that, non-attendance in the proceedings of the participant does not result with the proceedings invalidity. The participant of the proceedings is every interested entity, which means every person whose rights would be determined by the result of the proceedings. Putting the resolution on force of the legal rule, will oblige the courts to apply the unitary interpretation of the law of  controversial provisions, which shall positively influence the practice of application of the law and increase the confidence to the judicature.

Data source:
http://www.rp.pl/artykul/212825,465131_Postepowanie_wazne_mimo_nieobecnosci_strony.html