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Odbieranie głosu i uchylanie pytań na rozprawie w procesie cywilnym

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Sobota A.

Forum Prawnicze

2015

issue 5 (31)

67-77

The Polish Code of Civil Procedure (hereinafter referred to as the “CCP”) contains many interesting regulations, which are often used in practice, but are not sufﬁciently described in legal doctrine. One of such institutions, which should be close to every attorney-at-law or judge`s heart, is provided for in Article 155 CCP. The said provision tenders legal basis for the presiding judge to take away the right to speak and exclude questions asked during the trial in civil procedure. This paper aims to examine the abovementioned regulation and includes analyses of legal doctrine`s views, available judicial decisions and diﬀerent hypothetical situations. The paper leads to the conclusion that the scope of the Article`s 155 CCP application is broad, although the content of the said article is restrained. This is due to the fact that Article 155 CCP includes several indeterminate phrases, concerning “abuse” of the right to speak and “improper or needless” questions. The said institution therefore encompasses such cases as violation of seriousness, peace and order during court actions, raising irrelevant issues, asking suggestive questions and many other infringements. The abovementioned circumstances require a proper reaction of a presiding judge. However, if a presiding judge applies the said regulation in an inappropriate manner, consequences may be substantial, ranging from requiring a participant in the procedure to modify the asked question to a possibility of appealing the ﬁnal judgement. Finally, a complex analysis of Article 155 CCP allows to indicate how to formulate proper questions and exercise his or her right to speak before the court.

Ekonomiczna analiza ograniczenia rozprawy w postępowaniu cywilnym

100%

Sobota A.

Forum Prawnicze

2014

issue 2 (22)

38-48

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.

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2 Forum Prawnicze

2 Sobota A.

1 2015

1 2014

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Odbieranie głosu i uchylanie pytań na rozprawie w procesie cywilnym

Ekonomiczna analiza ograniczenia rozprawy w postępowaniu cywilnym