Abstract

The article presents an analysis of the selected grounds for obligatory suspension of civil exploratory proceedings. In the first part, analysed have been cases of suspension because of the death of a party (in particular, as regards the divergences noted in literature as to what moment is decisive for the application of Art. 174 § 1 subsection 1 of the Code of Civil Procedure in case of the death of the defendant) or their statutory representative, their loss of the capacity to litigate, loss of the capacity to appear in court or the loss by the statutory representative of such capacity (Art. 174 § 1 subsection 1). Further on, the discussion has been focused on the case of suspension of proceedings when there are such defects in the composition of the governing bodies of an organizational entity acting as a party which prevent its operation (Art. 174 § 1 subsection 2). Having discussed the said ground for suspension, the article described the differences as regards effectiveness of suspension order depending on the grounds for suspension.