Abstract

Interpretation of Art. 365 § 1 of the Code of Civil Procedure is a source of dispute concerning the limits of the binding force that has remained unsolved either in the doctrine or in jurisdiction. The Supreme Court resolution of 29 April 2022, III CZP 79/22, fits into the current advocating a narrow approach to the limits of the binding force. The Supreme Court assumed that the limits of the binding force should be assessed in relation to the objective limits of res judicata according to the rules laid down in Art. 366 of the Code of Civil Procedure. Therefore, the binding force extends exclusively to what has been the basis of extension in connection with the grounds of the dispute identified in the suit and by the facts revealed in the statement of the grounds, whereas the findings concerning preliminary issues are not covered thereby.