DECLARATION OF PRESCRIPTION CONCERNING REAL ESTATE AND COSTS OF NON-CONTENTIOUS PROCEEDINGS IN THE EMPIRICAL RESEARCH

Abstract

Court costs and way of conducting of the non-contentious proceedings is discussed on an example of 11 cases concerning declaration of prescription of real estate, which were recognized by 4 Districts Courts in: Warsaw (2), Żyrardów and Skierniewice. The aim of the empirical research is determining the scope of regulations, which are applied by judges and their frequency of use. In that way the impact of decisions, which are issued in the typical procedural situations as well as presiding judge’s orders within the framework of conducting trial is proved on the non-contentious proceedings especially substantive decision. In these cases lack of opportunity of refund the costs of the non-contentious proceedings causes applicant’s and participant’s passivity and, as a consequence, it transfers burden of conducting evidence proceedings on court. Another problem is also exemption of the court costs and appointing ex officio an attorney or legal advisor for poor people.