TEORETYCZNE ASPEKTY ZASADY PRAWDY MATERIALNEJ W NOWYM MODELU POSTĘPOWANIA CYWILNEGO

Abstract

The article is devoted to the principle of substantial truth on the planes: theoretical and dogmatic. On theoretical plane it is concerned with the notion itself of the principle of substantial truth - its contents and foundation of its binding force. As far as dogmatic plane is concerned - the problem o f binding force o f the principle in question within civil law procedure is being discussed. Here the principle is conceived in a directive-based sense. The article presents a conception o f the principle o f substantial truth within the paradigm of judicial cognition. From this point of view the principle in question is of very much importance as a binding norm and - consequently - a directive of well-founding factual statements within the process of applying the law.