Abstract

The publication discusses the issues raised by the author in his address delivered at the Fourth Forum of Civil Procedural Law - “Current problems of judicial practice in civil proceedings” on 18 November 2022 in Łódź.
The discussed issues refer to the purpose, meaning and interpretational problems linked with a special regulation - Art. 162 of the Code of Civil Procedure. The main purpose of this regulation is to enliven the initiative of the parties as regards immediate notification of procedural oversights made by the court, as well as to speed up the proceedings and make it more efficient in a situation when the court promptly makes up for its oversight. At the same time, no immediate response by a party represented or not by a professional attorney cancelled the possibility of pointing out this oversight in the later course of the proceedings, in particular in the contents of the measures of appeal. As a result of changes introduced by the 2019 amendment to the Code, which are criticised by the author, the discussed regulation has been deprived of the statute of limitation for the parties to (participants in) civil proceedings acting on their own, without professional attorneys. At the same time, without fully convincing arguments, the legislator extended the deadline for reporting an oversight until the next session of the court following the session at which the oversight has been made, without the previously existing differentiation associated with the presence or absence of a party (or their attorney) at that session.