Abstract

The article analyses issues relating to the new provisions regulating the proceedings in commercial cases. As of 7 November 2019, the court shall hear commercial cases according to the provisions on separate proceedings. The analysis focuses on the presentation and assessment of the effects of the changes in Art. 458⁵ of the Code of Civil Procedure. This provision provides for the introduction of special solutions with respect to the concentration of evidence. The court shall disregard any arguments and evidence invoked in violation of Art. 458⁵ § 1–3 of the Code of Civil Procedure, unless the party substantiates that they failed to submit them within the prescribed time limit because it was objectively impossible or that the need to adduce them arose at a later date. The article highlights special importance of evidence agreement in separate proceedings in commercial cases. Presented are also the circumstances for the use of an optional evidentiary initiative by the court, which is possible by exercise of the judge’s discretionary power.