Published: 2020-12-30

Outline of the issue of counteracting the abuse of civil procedural law in the light of the amendment of the Polish Code of Civil Procedure of 4th July 2019

Maciej Witwer
"Młody Jurysta" Czasopismo Studentów i Doktorantów Wydziału Prawa i Administracji UKSW
Section: Artykuły
https://doi.org/10.21697/mj.7789

Abstract

The abuse of procedural law dates back to the nineteenth century; therefore, it is a longknownissue. Nevertheless, it was only the amendment to the civil procedure of 2019 that gave it a normative form in the Polish civil procedure. Generally speaking, it is stated thatthe abuse of procedural law is a procedural act performed by a party or participant in theproceedings, in a manner not related to the consent to its purpose. In the current legal order,this regulation essentially consists of three parts, i.e. the explicit principle of the prohibitionof abuse of procedural law, the general clause, and specific provisions. The legislator'sobjective is to reduce such pathologies by introducing a system of numerous sanctions, whichcan be simplified to financial burdens or adverse procedural effects. Nowadays, it is not easyto thoroughly evaluate this regulation in an unequivocal manner. Nevertheless, it shouldundoubtedly be an essential subject of discussion to prove the regulation's weaknesses inquestion and further development directions.

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Citation rules

Witwer, M. . (2020). Outline of the issue of counteracting the abuse of civil procedural law in the light of the amendment of the Polish Code of Civil Procedure of 4th July 2019. "Młody Jurysta" Czasopismo Studentów I Doktorantów Wydziału Prawa I Administracji UKSW, (2), 30–40. https://doi.org/10.21697/mj.7789

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