Abstract

The article is devoted to admissibility of filing prohibitive motions by obligors during the proceedings for securing a claim and securing evidence. Basing on the analysis of the current court practice in this respect, the author distinguishes four models of dealing with prohibitive motions advocating the one that leaves the decision as to whether to allow a party to submit a prohibitive motion to the presiding judge of the court hearing the application. The author of the article, noticing the lack of relevant provisions in the Polish civil procedure, formulates proposals for introducing regulations allowing the use of prohibitive motions in proceedings for securing claims in intellectual property cases and for securing evidence.