Monitor Prawniczy

no. 13/2020

The impact of a judicial settlement on the course of the case proceedings

DOI: 10.32027/MOP.20.13.3
Ireneusz Wolwiak
Autor jest adiunktem w Katedrze Postępowania Cywilnego WPiA Uniwersytetu Śląskiego, sędzią Sądu Rejonowego Katowice-Wschód w Katowicach.
Abstract

The article is devoted to the issue of the consequences of concluding a settlement before a court in a civil case for the further course of the proceedings. Under the Amending Act of 4 July 2019 another basis for terminating the proceedings has been added to the contents of Art. 355 § 1 of the Civil Code, namely a settlement. However, no definition of a judicial settlement was introduced to the Code. Therefore, theoretical views as regards the impact of a judicial settlement on the course of a case were analysed. The analysis was to allow for a statement as to the legitimacy of the amendment to Art. 355 § 1 of the Code of Civil Procedure together with the presentation of the author’s own view on the impact of a judicial settlement on terminating the proceedings in a case. In addition, an opinion was also expressed as to the purposefulness of multiplying the situations which allow for terminating the proceedings with a view to the agreement of the parties.