Abstract

A party's request to call the opponent to a settlement attempt is an action provided for in Art. 184 and Art. 185 of the Code of Civil Procedure. Whatever is done in this area of action, which is aimed at an amicable settlement of a dispute without the need to conduct exploratory proceedings, constitutes implementation of the party's rights laid down in the Code of Civil Procedure. Such conduct, in addition to the purpose associated with the attempted settlement, also has consequences under substantive civil law as to the interruption of the prescription period of the claim. However, such requests, both the first and subsequent ones, are subject to the court's assessment as regards the party's purpose. The introduction as of 7 November 2019 of Art. 4¹ to the Code of Civil Procedure imposed an obligation on the court to conduct an examination of the procedural act carried out by the applicant as regards the abuse of this right. Any action of a party to achieve an effect other than that introduced by statute as the purpose of a given action will lead to recognising that action as ineffective. At the same time, that fact that Art. 4¹ of the Code of Civil Procedure does not provide for an order not to violate good practice is not the same as its absence.