Monitor Prawniczy

no. 1/2014

Return of a preparatory writ submitted in violation of Art. 207 § 3 of the Code of Civil Procedure. Practical remarks

Bartosz Pawlaczyk
Autor jest aplikantem adwokackim i doktorantem na Wydziale Prawa i Administracji Uniwersytetu im. A. Mickiewicza w Poznaniu.
Abstract

The purpose of this article is signaling some practical problems associated with bringing a preparatory letter after the last major revision of the Civil Procedure Code. On the one hand, these problems relate to the courts, which are basically obligated to return the preparatory letters submitted without appropriate permission. On the other hand, the professional representatives are struggling with them, seeking to minimize the risk of returning them a letter. Starting from the concept of the “preparatory letter” the author of the article attempts to outline the borders of legally permissible activities of both sides, as well as the consequences of their crossing.