Object

No title

PLMET:

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Creator:

Wolwiak, Ireneusz

ORCID:

0000-0002-6894-058X

Abstract:

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.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Górnicki, Leonard. Red.

Date issued:

2020

Detailed Type:

journal

Identifier:

oai:repozytorium.uni.wroc.pl:123609 ; ISSN 2450-3932

DOI:

10.34616/fiuw.2020.2.301.326

Language:

pol ; eng

WUL Catalog:

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Is referenced by:

www.fiw.prawo.uni.wroc.pl

Replaces:

Folia Iuridica Wratislaviensis

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdal

Object collections:

Last modified:

Jun 15, 2021

In our library since:

Mar 9, 2021

Number of object content hits:

99

Number of object content views in PDF format

99

All available object's versions:

https://repozytorium.uni.wroc.pl/publication/131347

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Edition name Date
Cel postępowania pojednawczego Jun 15, 2021

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