Monitor Prawniczy

no. 17/2019

Counteracting the abuse of procedural law in the draft amendment to the Code of Civil Procedure of 14 December 2018. Part III – Detailed manifestations of abuse of procedural law

Edyta Gapska
Autorka jest adiunktem w Katedrze Postępowania Cywilnego Katolickiego Uniwersytetu Lubelskiego Jana Pawła II.
Abstract

Apart from introducing the general clause on the abuse of procedural law and regulating the simplified procedure in case of an obviously groundless claim, the draft amendment to the Code of Civil Procedure provides for other specific manifestations of such abuse, such as: filing an action in the form of a pleading not requesting consideration of the case, generating the so-called chain of complaints, as well as submitting inadmissible or repeated incidental motions.

This last part of the discussion on the draft amendment to the Code of Civil Procedure with respect to the abuse of procedural law is aimed at analysing the proposed evidence, forms and consequences of abuse detailed in the draft.