Abstract

Introduction of the new grounds for suspension of civil proceedings in Art. 177 § 1.6 of the Code of Civil Procedure, which covers cases whereby the plaintiff fails to provide the court with data necessary to establish the numbers specified in Art. 2081 of the Code of Civil Procedure, gave rise to differences in the judicial practice concerning its application. The differences were related not only to a stage at which the court is entitled to request the plaintiff to indicate those data under the sanction of suspension of proceedings, but even the very possibility of suspension of proceedings in case of no indication. The article attempts to prove that the only possible resolution of the above issues is to acknowledge that it is possible to suspend proceedings in the event of inability to establish the correct number identifying the defendant as a result of plaintiff’s failure to provider data necessary for its determination, with a reservation, however, that it may not happen before service of process and the start of a trial. On the other hand, after the commencement of the trial the proceedings may be suspended on these grounds if it is impossible to obtain information necessary to establish those numbers. The authoress believes that this seems to be justified by the underlying assumptions intended to ensure precise verification of the identity of the defendant at the stage of examination proceedings, as well as by a recent Supreme Court resolution.