Monitor Prawniczy

no. 4/2019

Shall repealing of Art. 370 of the Code of Civil Procedure speed up consideration of cases by courts of second instance?

DOI: 10.32027/MOP.19.4.4
Krzysztof Drozdowicz
Autor jest adiunktem w Zakładzie Postępowania Cywilnego WPiA UAM w Poznaniu; wykonuje zawód radcy prawnego.
Abstract

The article discusses the draft of amendments to the Code of Civil Procedure concerning formal conditions of appeal. According to Art. 370 of the Code of Civil Procedure a court of first instance shall reject in closed session an appeal filed after expiration of the prescribed period, unpaid or otherwise inadmissible, as well as an appeal whose defects have not been removed by a party within the prescribed period. According to the draft, this provision is to disappear from the Code. As a result, appeals will be reviewed exclusively by courts of second instance. The author is trying to answer the question whether the amendment will speed up consideration of cases by courts of second instance.