Monitor Prawniczy

no. 3/2022

Simplified procedure in cases for the award of maintenance payments brought by a minor child against a parent

DOI: 10.32027/MOP.22.3.4
Marcin Dziurda
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego; ORCID: 0000-0003-2896-818X.
Abstract

The amendment of 4 July 2019 to the Code of Civil Procedure extended the scope of the application of regulations concerning simplified procedure under Art. 5051 § 1 of the Code. Under the amended provision, the regulations concerning simplified procedure apply to all cases for performance (including those deriving directly from the statute) if the value in dispute is less than PLN 20,000. At the same time, Article 5051 § 2 of the Code provides for substantive exclusions from simplified procedure, including but not limited to cases concerning the relationship between parents and children.It is held in the Supreme Court Resolution of 16 July 2021, III CZP 44/20, that in the legal landscape following the CCP amendment of 4 July 2019 cases for the award of maintenance payments brought by a minor child against a parent shall not be heard under simplified procedure if the value in dispute is less than PLN 20,000 (Art. 5051 § 2.2 of the Code of Civil Procedure).