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2012 Amendments to the Code of Civil Procedure

Amendments to  the Code of Civil Procedure

On the 3rd May 2012 important changes to the Code of Civil Procedure entered into force. The amendments mainly relate to liquidation of procedure separateness in economic cases and tightening the rules of procedure in all cases, especially in economic ones, and at the same time maintaining a specialized commercial courts. In addition, the current economic rigor procedure has been extended to all civil cases.

The amendment provides that the parties and the participants are obliged to carry out legal actions in accordance with good practice and to adduce all the factual circumstances and evidence without delay in order to carry out the proceedings smoothly and instantly. Consequently, in all cases so-called procedure limitation shall apply. All claims, facts and evidence to support the case have to be indicated by the party immediately – on pain of losing the possibility of submitting them later. However, the legislator did not specify the time at which motions and claims are considered late, and this matter shall be settled by the competent court. Therefore, for safety, the plaintiff in the lawsuit, and the defendant in response to a lawsuit should fully present their process position. Evidence given too late are be ignored by the court and are not be taken into account during sentencing. The delayed motion can be taken into consideration only in exceptional cases.

Duties of the court in obtaining evidence from the parties and participants of the proceedings in the form of so-called informative hearing of the parties have also been specified. A change regarding the effects of an appeal filed to the improper court and modification of a complaint against the decision of the court of second instance have also been introduced.

The Act also extends the powers of a court official, passing to his competence issues arising from the joinder of executions of administrative enforcement and disclosure of assets, however, without the possibility of using means of coercion.

Regulations concerning the impact of insolvency notification onto the proceedings involving the insolvent company have also been modified.

Last amendment relates to rules of proceeding to secure a claim and enforcement proceedings aimed at increasing the effectiveness of execution, in particular in scope of enforcement of non-monetary obligations.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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