Abstract

The article discusses Art. 458¹¹ of the Code of Civil Procedure, which is a key element of the new regulation as regards commercial proceedings, as compared with the provisions of the Civil Code concerning the form of legal transactions. The discussion leads to a conclusion that the meaning of Art. 458¹¹ of the Code of Civil Procedure suggested in its substantiation is inconsistent with those provisions. The highlight of the article is an attempt at an interpretation of Art. 458¹¹ of the Code of Civil Procedure which would ensure its optimum systemic consistency.