Abstract

A successive proposal for an extensive amendment to the Code of Civil Procedure is aimed at regulating the institution of the abuse of procedural law. This general category has been included in the general clause, whose essence, meaning and scope of application are based on the court’s assessment whether a party's behaviour has been in compliance with the objective of the normative introduction of a given procedural right. The scope of the proposed regulation, including its – to some extent enforced – vagueness, may arouse doubts. They relate to the limited mens rea and not fully transparent actus reus of the abuse, and – above all – to the criteria of assessing a given behaviour by the court which refer only to the normative purpose of improper exercise of a procedural right.