Monitor Prawniczy

no. 10/2020

Evidence from hearing of the parties under separate commercial proceedings – comments with respect to evidence agreement

DOI: 10.32027/MOP.20.10.5
Joanna Derlatka
Autorka jest adiunktem na Uniwersytecie Jana Kochanowskiego w Kielcach Wydział Prawa i Nauk Społecznych oraz adwokatem; ORCID: 0000-0002-2633-4151.
Abstract

The article aims to present the amended provisions of the Code of Civil Procedure regulating the conditions for taking evidence from hearing of the parties under separate commercial proceedings. Under the amendment of the Code of Civil Procedure by the Act of 4 July 2019 innovative provisions on evidence agreement were introduced into civil proceedings, as well as new solutions regarding taking evidence from witness testimony. They are directly related to the issue of evidence from hearing of the parties. The article presents selected issues regarding the content and effects of evidence agreement in the context of the evidence from hearing of the parties. It also discusses the relationship of the subsidiary means of proof in commercial separate proceedings and in ordinary proceedings.