Ekonomiczna analiza ograniczenia rozprawy w postępowaniu cywilnym

• Authors: Sobota Adam

Title variants

EN

An Economic Analysis of Restrictions Exacted on Hearings in Civil Procedure

• Languages of publication: PL

Abstracts

EN

The paper purports to outline an economic analysis of limitations inherent in hearings in Polish civil procedure. The point in issue is embodied by Article 220 of the Polish Code of Civil Procedure (hereinafter referred to as “the CCP”). Whilst the Article in question has not been amended since 1964, when it was contained within the original wording of the CCP, due to the constant development of the methodology of law, the meaning and ramifications thereof have steadily evolved and at present it may be vetted from a distinct angle. The main objective of this paper is to analyze the economic consequences besetting hearings in the Polish civil procedure. In order to achieve this goal, not only is it necessary to set forth the basis of the economic analysis of law but also to give a brief account of doctrinal reflections on Article 220 CCP. The paper leads to the conclusion that the limitations levied on hearings constitute an extremely useful institution of law, which enhances the economy thereof. It can render the proceedings more expeditious and reduce their social costs, resulting in a more efficient allocation of the resources of all parties to the proceedings. Conversely, in case an erroneous decision is made by the court pertaining to the limitations of the hearing, significant costs may be so incurred. Therefore the court`s decision in this matter can be considered as rational from the economic point of view provided the judgment promulgated during a limited trial coincides with the judgment which would have been reached on a full hearing.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2014
• Issue: 2 (22)
• Pages: 38-48

Contributors

author

Sobota Adam

• Zakład Postępowania Cywilnego na Wydziale Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego