Monitor Prawniczy

no. 16/2019

Counteracting the abuse of procedural law in the draft amendment to the Code of Civil Procedure of 14 December 2018. Part II – An obviously groundless claim

DOI: 10.32027/MOP.19.16.1
Edyta Gapska
Autorka jest adiunktem w Katedrze Postępowania Cywilnego Katolickiego Uniwersytetu Lubelskiego Jana Pawła II.
Abstract

Apart from having introduced the general clause of abuse of procedural law, the amendment to the Code of Civil Procedure enacted on 4 July 2019 clearly regulates certain manifestations of such abuse. It is considered that one of them is bringing an obviously groundless claim. In the light of the constitutional guarantees of the right to fair trial it is necessary to examine the merits of such claim, though - in the opinion of the authors of the proposal - it may be done in accordance with the simplified rules of procedure.

This part of the article contains assessment of not only the legitimacy of the proposed simplifications, but also the very thesis assuming that the act of bringing an action, even clearly unfounded, should be treated as an abuse of procedural law.