Abstract

The new amendment to the Code of Civil Procedure (Act 4 July 2019 amending the Code of Civil Procedure and certain other acts) introduced further regulations facilitating reconciliation between the parties in order to resolve their dispute (Art. 205⁶ § 2 of the Code of Civil Procedure). At the same time, conclusion of a judicial settlement ends the proceedings in the case as the court issues a decision to discontinue (Art. 355 § 1 of the Code of Civil Procedure). However, despite having filed a declaration that led to the judicial settlement, a party may find that the act has been performed incorrectly. Due to the fact that conclusion of a judicial settlement is related to the implementation of the provisions of the law of civil procedure and the provisions of substantive civil law, this defect may be examined on both levels of the normative system. The considerations presented in the article regarding defectiveness of a judicial settlement should, in turn, be related to the situation of taking such actions before final conclusion of the proceedings. A separate analysis has been required for actions to eliminate the effects of a judicial settlement after the decision to discontinue the proceedings becomes final. The article also examines admissibility of challenging the effects of a judicial settlement under the institution of a conventional act in law.