Abstract

Art. 203¹ § 1 of the Code of Civil Procedure, amended by the act of 9 March 2023, now contains two subsections, of which one provides for eight, and the other refers to one type of claims that may underlie the setoff plea. The wording of the provision is linguistically defective, which makes it difficult to interpret. Moreover, the amendment of Art. 203¹ § 1 of the Code of Civil Procedure was not followed by a change of § 2 of that provision, which make the defendant suffer additional restrictions and regards their filing a setoff plea for, that are incomprehensible and seemingly have been unplanned by the legislator. On the one hand, the amendment put forth additional requirements for the claim which underlies the plea (e.g. the need to document it - in subsection 1) of the discussed provision), and on the other - expanded the catalogue of claims which may underlie the plea by adding claims for the return of the realised performance to which the defendant is entitled as one of the joint and several debtors against the claimant as a co-debtor without stipulating any restrictions as regards such claim (subsection 2) Art. 203¹ § 1 of the Code of Civil Procedure.