AbstractBy the Act of 4 July 2019 on the amendment to the Act – the Code of Civil Procedure and certain other acts, preparatory proceedings were introduced into the Code. The provisions regulating these proceedings include provisions imposing on the chairman the obligation to strive for an amicable settlement of the dispute. In order to achieve this goal, he or she was authorized to seek amicable ways of resolving the dispute with the parties, supporting them in formulating settlement proposals along with indicating the methods and effects of such a dispute resolution. At the same time, changes were made to the regulation of conciliation proceedings by introducing a new provision – Art. 185 § 11 of the Code of Civil Procedure containing the requirement of a concise description of the case and presentation of settlement proposals in the summons to conciliation, with the appropriate application of Art. 130 § 1 of the Code of Civil Procedure to summons that do not meet such requirements.This shows the importance attached by the legislator to the amicable settlement of a civil case. With such an assumption of the possibility of resolving the dispute between the parties, the actions taken on the way to settling the case conducted before bringing the claim – in conciliation proceedings – take on a new meaning. Introducing the active role of the chairman in the search for an amicable solution to the scope regulating this procedure will increase the chance of such a solution of the dispute, as will the assessment of the admissibility of conducting a complaint procedure or taking further unnecessary actions. The subject of this study is the assessment of the effectiveness of actions taken in conciliation proceedings for the conclusion of a settlement by the parties, which amounts – as the aim of the proceedings – to creating a situation for them by the court allowing for such settlement of the case, together with strengthening the active role of the chairman.
Jun 15, 2021
Mar 9, 2021
|Cel postępowania pojednawczego||Jun 15, 2021|
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