Monitor Prawniczy

no. 8/2020

Judicial settlement in the course of the proceedings

DOI: 10.32027/MOP.20.8.3
Ireneusz Wolwiak
Autor jest adiunktem na WPiA Uniwersytetu Śląskiego w Katowicach; ORCID: 0000-0002-6894-058X.
Abstract

The article is devoted to the institution of judicial settlement concluded by the parties in the course of civil court proceedings. By amending the Code of Civil Procedure the Act of 4 July 2019 imposed an obligation on the parties and the court to aim at an amicable settlement of the case. Such steps are made already under the preparatory proceedings. However, the Code of Civil Procedure does not provide a difinition of judicial settlement. Neither are there any provisions aimed at determining the nature of this activity.Art. 355 § 1 of the Code of Civil Procedure introduced only judicial settlement as a basis for completion of civil proceedings by termination. Therefore, the study presents only specific views of science and case law regarding the essence of judicial settlement. The author also presented his own view regarding judicial settlement as a conventional act in law.