Spór o postępowanie niesporne (1945-1964)

Abstract

After World War II the communists decided to maintain the pre - war legal system, but they started to change it quickly and essentially. In civil procedure the CMI Procedure Code, dated from 1930, was still in action. However, in 1945 the Code of non - litigious proceedings was passed. At this time communists started working on changing the basic rules of civil procedure. The purpose of it was to stop preventing private legal interests by normal court process and to start preventing State's interests. This could be achieved by non — contentious proceedings. That's why the communists wanted to combine the two types of procedures by implementing rules of non - litigious proceedings into normal civil process. In fact, the aim was to eliminate contradictory proceedings. In this task the communists were inspired by Soviet law. On June 17th, 1964 new CMI Procedure Code was passed. This code tried to sustain the changes made in 1950 and 1953 (so - called socialist rules), but they were moderated essentially. This code was constructed on a good legal level and that's why it is still in action.