Abstract

The article discusses a major problem revealed against interpretation of Art. 285 § 2 of the Code of Civil Procedure. Pursuant to that provision in the course of civil proceedings experts may file a joint opinion. However, the provision does not specify who has the initiative to declare whether the issue of a joint opinion in a given case is justified. The interpretation of the provision postulated in the judgements of the Supreme Court provides that the initiative in that respect belongs to the court. In the article the authors point out numerous weaknesses of such interpretation. At the same time, they suggest another solution of the problem, in accordance with which the experts, basing on their expertise, should assess whether formulation of a joint opinion is justified in a given case.