- Tytuł:
-
Kogo sędzia może wezwać w procesie kanonicznym?
Who Can be Summoned in a Canonical Trial? - Autorzy:
- Greszata-Telusiewicz, Marta
- Powiązania:
- https://bibliotekanauki.pl/articles/1844706.pdf
- Data publikacji:
- 2019-11-16
- Wydawca:
- Katolicki Uniwersytet Lubelski Jana Pawła II. Towarzystwo Naukowe KUL
- Tematy:
-
wezwanie
strony procesowe
proces kanoniczny
citation
parties in a case
canonical trial - Opis:
- Citation is an institution of procedural law that arises when a judge makes a decision to accept a complaint for a trial, expressed in the form of a decree that establishes parties to a process and binds them with formal-procedural relations with a judge and the object of contention. As a result, parties in a case are formally summoned to take part therein (citation sensu stricto), as are other participants, too (citatio sensu lato). This summons must be effected through a notification, i.e. an institution of procedural law which involves making the contents of a decree known to the parties and other participants of a case – here a citation decree. In terms of legal effectiveness, citation and notification are so tightly interwoven that a procedural distinction between them points merely to a particular sequence of activities in the theoretical structure of the process that must follow one another, since there is a formal-legal citation does not exist without its notification. The most obvious and essential subject of a notified citation is the parties – a petitioner and respondent – as well as another person who becomes involved in the case as a party. It seems quite obvious that an attorney ad litem can be appointed, and – given the circumstances – a legal guardian, court-appointed curator, or a special attorney. Moreover, a defender of the bond and a promoter of justice can be summoned to act as parties. Witnesses are also subject to citation.
- Źródło:
-
Roczniki Nauk Prawnych; 2013, 23, 3; 117-130
1507-7896
2544-5227 - Pojawia się w:
- Roczniki Nauk Prawnych
- Dostawca treści:
- Biblioteka Nauki
Artykuł