The correct execution of service of judicial documents and copies of the pleadings submitted to the court is very important, depends on the validity nachsendeantrag post of the procedure, nachsendeantrag post the calculation of time limits to bring the effectiveness of remedies and determine the legitimacy of the issued decision.
Effective delivery of the letter court lies in the fact that the recipient has the opportunity to get acquainted with its contents, answers, and take any other legal action. The exception in this case is art. 556 1, which says that the court may waive service of judicial documents, summons or hearing the person concerned by the request of incapacitation, if it deems it inexpedient due to the state of health of the person.
Writing about doręczeniach should point to a very important principle, which is of vital importance. That is the principle of officialdom service. This means that the service is the duty of the court and that he should be delivered by a party copies of the application, a statement of defense. The exception is the provision of art. 132 1, which says that in the course of the case attorney, attorney at law, patent attorney and counselor nachsendeantrag post Attorney General of the Treasury's will deliver directly to each other copies of pleadings nachsendeantrag post with attachments.
As a rule, the court shall make service by mail, a person employed in the court bailiff or court service A DELIVERY. Deliveries are made at home, at work, or where the recipient finds. At the request of the parties may also be a post office box.
Letters to businesses, shareholders commercial companies, corporation, organization listed nachsendeantrag post in the register shall be provided to the office nachsendeantrag post specified in this registry. When you can not deliver, they are allowed in the file indicating that they have been successfully delivered to the addressee.
Persons living abroad should indicate the attorney for service in their home country. When not met this condition, the letter is left in the case file and considered for effectively delivered.
Replacement lies in the fact that the delivery is made to a person other than the recipient, and the recipient agrees to hand over the consignment to the addressee. This may be another nachsendeantrag post member of the household, housekeeper, village administrator. In the case of delivery of a replacement recipient can always argue that the service was not effected, nachsendeantrag post because the person who is committed nachsendeantrag post to the transfer of the consignment, this obligation does not fulfill.
A popular term that appears always nachsendeantrag post when discussing the term of service is advice. This is information about the post office left in the consignment. The recipient has a total of 14 days to receive it, ie 7 days from leaving advice note in the mailbox and again 7 days, if the recipient did not receive the shipment. After this time the consignment is effectively delivered. If the recipient received the letter, then his signature confirms receipt stating the correct date.
There may be the case that the reason for filing the lawsuit, does not know the address of the defendant. Then the person concerned, in this case, the plaintiff shall submit an application to appoint a guardian. To effectively deliver the consignment to be delivered into the hands of her guardian. Only in cases of a maintenance, to establish paternity before the establishment of the President of the superintendent conducts an investigation to determine the place of residence or domicile nachsendeantrag post of the defendant.
Finally it should be noted that the refusal by the addressee of receipt of delivery, resulting in the fact that it's considered to be effectively delivered. Therefore, when we visit the postman to leave a package, you should pick her up, as a consequence, and so will be deemed effectively delivered after the fourteen day period.
Catherine Pawłowska I am an advocate of the Bar Association in Wroclaw. I run my own Law Office. I graduated from Postgraduate Economic and Commercial Law at the Faculty of Law, Administration and Economics at the University of Wroclaw. I specialize in civil litigation and business, particularly nachsendeantrag post in the field of litigation monetary claims. View my complete profile
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