The Disposal of Items or Rights Covered by a Dispute (Article 192 (3) of the Civil Procedure Code) from the Perspective of the Availability and Effectiveness of Polish Civil Proceedings

The disposal of items or rights covered by a dispute in civil proceedings is regulated to ensure stability of the process. However, this leads to a restriction of the principle of disposability and consequently reduces the effectiveness of the proceedings. Material disposals (settlement, acknowledgement of the claim or withdrawal of the claim with waiver of the claim) involving the seller should be deemed inadmissible by the court because the seller cannot dispose of the disputed subjective right freely. As a result of singular succession during the proceedings, this right has been transferred to the buyer, who is its sole disposer from that moment onwards.

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Publication Details

Journal
Studia Iuridica Lublinensia
Published
2026-01-07
DOI
https://doi.org/10.17951/sil.2025.34.5.131-144
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Disposal of Items or Rights Covered by a Dispute (Article 192 (3) of the Civil Procedure Code) from the Perspective of the Availability and Effectiveness of Polish Civil Proceedings

Olimpia Marcewicz-Kochnio Olimpia Marcewicz-Kochnio
Studia Iuridica Lublinensia
European and International Contract Law
article

The Disposal of Items or Rights Covered by a Dispute (Article 192 (3) of the Civil Procedure Code) from the Perspective of the Availability and Effectiveness of Polish Civil Proceedings

Olimpia Marcewicz-Kochnio Olimpia Marcewicz-Kochnio
article en

Abstract

The disposal of items or rights covered by a dispute in civil proceedings is regulated to ensure stability of the process. However, this leads to a restriction of the principle of disposability and consequently reduces the effectiveness of the proceedings. Material disposals (settlement, acknowledgement of the claim or withdrawal of the claim with waiver of the claim) involving the seller should be deemed inadmissible by the court because the seller cannot dispose of the disputed subjective right freely. As a result of singular succession during the proceedings, this right has been transferred to the buyer, who is its sole disposer from that moment onwards.

Studia Iuridica LublinensiaVol. 34(5)
Maria Curie-Skłodowska University (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 97%
European and International Contract Law
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