Postępowanie cywilne w sprawach ze stosunku spółki cywilnej

Abstract

The analysis undertaken in PhD dissertation constitutes the first attempt at a systematic and holistic examination of procedural issues arising in litigation related to civil law partnerships. The study addresses the entire spectrum of civil procedural regulations applicable to the pursuit of claims derived from the partnership relationship between partners, including alternative dispute resolution methods. The research encompasses both substantive legal matters influencing procedural status in civil proceedings - such as: an in-depth analysis of the scope of disputes arising from the civil partnership, the extent of partners' liability for internal obligations, and the legal nature of common assets during the partnership's existence and following its dissolution - as well as strictly procedural aspects, including the nature and mode of proceedings, court jurisdiction, parties to the proceedings, court actions, procedural course, and types of judgments rendered. In addition, the dissertation explores alternative dispute resolution mechanisms applicable to disputes arising from civil partnerships, in particular conciliation proceedings, mediation, and arbitration. The principal objective of the dissertation is to provide a comprehensive and dogmatic analysis of procedural norms governing cases arising from civil law partnerships. This involves systematizing and clarifying the subjective and objective scope of such proceedings, procedural modes of adjudication, the range of actions undertaken by the court, grounds for granting claims or applications (including those in non-contentious proceedings), and the legal effects of judgments rendered.