Secondary independent intervention on the part of the defendant and subjective transformation in the mode of art. 194 § 3 of the Code of Civil Procedure
Paulina Woś
Katolicki Uniwersytet Lubelski Jana Pawła II , Polandhttps://orcid.org/0000-0002-8578-382X
Abstract
It may happen that after initiating a civil trial, it turns out that in the initiated proceedings there are not all entities directly interested in its resolution. The Code of Conduct provides for two different, albeit essentially similar, institutions that allow access to proceedings already pending to other entities than originally indicated in the action of a party to the proceedings. Both the institution of the secondary intervention and the subjective transformations are the institutions provided for by the Code of Civil Procedure only for a trial. Depending on the mode of initiating entry into the process, the person joining it becomes a secondary intervenient or a defendant co-participant in the proceedings.
This study deals with the issue of independent (qualified) secondary intervention and one of several types of subjective transformations in the proceedings - additional summons in accordance with art. 194 § 3 Kp.c. The aim of this paper is to discuss and attempt to confront both institutions in order to answer the question about the meaning of reporting secondary intervention in the context of the possibility of adding a third party to the proceedings.
Keywords:
secondary intervention, additional summons, subjective transformation, proceedings, defendantLicense
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