The value of the dispute (WPS) is 1 of the most crucial elements in property matters. Its correct determination affects court fees, jurisdiction and even the anticipation to appeal. This article explains precisely what WPS is, how to calculate it and why it is so important. You will besides find out the consequences of its incorrect marking.
The value of the dispute is the amount which reflects the value of the claim in the court. It is crucial not only to find the amount of court fees, but besides to find which court will have jurisdiction to deal with the case. The WPS besides has an impact on the anticipation of bringing remedies, specified as appeal or cassation.
Legal basis
The legal basis for the value of the dispute is Article 19 of the civilian Procedure Code. According to them:
- In monetary claims cases: If you require payment of a circumstantial amount or if the claim has been converted into a monetary value, that amount shall be the value of the dispute.
- In another property matters: If the case is not straight about money, you are obliged to find in the suit the value of your claim in the form of a sum, taking into account the applicable legal provisions.
How to correctly mark the value of the dispute?
The designation of the CPS depends on the nature of the claim. The following are the key principles:
1. Cash claims cases
In the case of financial claims, the value of the dispute shall be equal to the amount in question. Even if you request another benefit, but you specify it in money, this amount is simply a WPS.
2. another property matters
If your claim is not straight related to a payment request, you must convert its value into money. erstwhile determining this value, take into account the provisions of the civilian Code and possible additional legal regulations concerning your case.
Examples
- Example 1: You are demanding to issue a property worth PLN 300,000 – WPS is PLN 300,000.
- Example 2: You want to establish ground service, which will increase your property value by PLN 50,000 – WPS is PLN 50,000.
Why is the value of the dispute so important?
The JPS is crucial in respective aspects of judicial proceedings:
- Court fees: Fees frequently depend on WPS. The higher the value, the higher the court fee.
- Jurisdiction: any courts consider cases only to a certain value of the dispute.
- Actions: The WPS determines the anticipation of an appeal or cassation complaint.
Consequences of incorrect WPS marking
Failure or failure to identify the value of the dispute may lead to serious consequences, specified as:
- Request for correction of formal deficiencies: The court may call on the plaintiff to correct the application.
- Rejection of a lawsuit: If the deficiencies are not completed within the time limit, the claim may be rejected.
- Misalignment of court fees: This may lead to the request to pay a court fee or even to cancel proceedings.
Summary
The value of the dispute is an essential part of any suit in property matters. Its correct designation affects the course of proceedings, the amount of court fees and the jurisdiction of the court. Therefore, it is crucial to think carefully and accurately about the WPS in the lawsuit. In case of doubt, it is worth consulting a civilian law lawyer to avoid formal errors and guarantee that proceedings are carried out efficiently.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.You have questions or request aid – welcome to contactOh, my God!
FAQ – Frequently asked questions about the value of the dispute
1. What is the value of the dispute?
The value of the dispute is the amount which reflects the value of the claim in the court. It is crucial to find the level of court fees, jurisdiction and the anticipation of bringing actions against them.
2. What are the consequences of incorrect WPS?
The mislabelling of the WPS may consequence in a call for formal deficiencies and in utmost cases a rejection of the suit by the court. This may besides lead to misalignment of court fees and the request to pay them.
3. Can a court dismiss a suit due to an incorrect WPS?
Yes, if the value of the dispute is incorrect, the court may call on the plaintiff to correct the action. If the deficiencies are not completed within the time limit, the claim may be rejected.
4. Is it possible to change the WPS during the procedure?
Yes, in any cases it is possible to change the WPS in the course of proceedings, e.g. erstwhile fresh circumstances affect the value of the claim.
5. How does WPS affect judicial proceedings?
The WPS affects respective key aspects of judicial proceedings: the level of court fees, the jurisdiction of the court (which the court may examine the case) and the anticipation to bring an appeal or cassation action.
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Cim is the value of the property dispute
