Abstract

This article discusses concentration of factual allegations and evidence in the order for payment procedure and documentary writ-of-payment procedure after the changes introduced to the Code of Civil Procedure by its amendment pursuant to the Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts. The analyses contained therein also cover the aforementioned matter in the event of an overlap of one of these procedures with the new proceedings in commercial cases, as introduced pursuant to same amendment of the Code. The research reported in this paper leads to a critical assessment of those changes, which constitute a significant step back in relation to the legal framework in force before the entry into force of the above-mentioned amendment. In addition, the lack of proper norms adjusting the general concentration rules to the provisions governing the order for payment procedure and documentary writ-of-payment procedure as well as other legislative deficiencies identified in the paper causes unavoidable interpretational discrepancies resulting in a tate of legal uncertainty and reduced predictability of the procedure.