Abstract

The comments on the judgement (decision of the Appellate Court in Poznań of 5 December 2014, I ACz 1872/14) concerns containment of procedural consequences of abusing procedural rights consisting e.g. in deliberately defective appeals against judgments by a party to the proceedings. This objective has been attained by reference to the principle of performing procedural acts in accordance with the standards of good conduct (Art. 3 of the Code of Civil Procedure).

In the first part of the commentary the author criticizes the approach of the Court to containing the consequences of abusing procedural rights and shows that there were no legal grounds for it. Further on, the author analyses the possibility to contain the consequences of abusing procedural rights on the basis of the currently effective Code of Civil Procedure. It has been shown that the exclusive penalty considering the actual status of the commented judgement is a penalty in the area of liability for the costs of the proceedings. The article is concluded with de lege ferenda suggestions which will allow for protecting civil proceedings against the consequences of of abusing their procedural rights by the parties.