The Principle of Adversarial System in Canon Law and Polish Law – Outline of the Issues

Abstract

This paper attempts to describe the meaning and role of the adversarial system principle in the canon law against the background of the Polish law. The eponymous issue of the adversarial system was analysed using a comparative legal method, which makes it possible to identify similarities and differences found in the two legal orders, as well as to determine the priorities and principles that guide the Polish and ecclesiastical legislators at the stage of creating and applying the law. The restoration of the principle of the adversarial system in the system of the canon law is expected to lead to an assessment of the level of procedural warranties of the parties, and further provide a stimulus for a detailed study of eponymous issues.

Keywords

• canon law
• polish law
• principle of adversarial system
• church
• poland