The concept of legal atavism - the example of Art. 880 Code of Civil Procedure
Abstract
The article focuses on the application of the concept of atavism, which originally was developed in biology, in the area of legal science. The article analyzes characteristics of legal atavisms. Negative consequences of their existence are also depicted. The concept of atavism is discussed based on Art. 880 of the Code of Civil Procedure, which can – in the author’s opinion – be an appropriate example to reflect the significance of this term. The analysis which was conducted enabled the author to propose de lege ferenda postulate, which may positively affect the course of the judicial enforcement proceedings and the way of shaping the legal order of the Republic of Poland.
Keywords:
atavism, legal atavism, court enforcement proceedings, art. 880 code of civil procedure
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