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Dr hab. Agnieszka Laskowska-Hulisz
ORCID: 0000-0002-2834-9306
Professor at the Chair of Civil Law and Procedure, Faculty of Law and Administration, Nicolaus Copernicus University in Toruń, attorney-at-law, author of publications on civil proceedings.
DOI: 10.33226/0137-5490.2021.1.3
JEL: K15

By the Act of 4 July 2019 amending the Act - Code of Civil Procedure and certain other acts (Journal of Laws of 2019, item 1469), the legislator added Section IIa entitled Proceedings in commercial matters (articles 4581–45813 of the Code of Civil Procedure). This proceeding is another separate proceeding which may be conducted in a civil process in commercial matters listed in art. 4582 CCP. The legislator included on proceedings in commercial matters art. 4589 of the Code of Civil Procedure, which relates to evidence contracts. The regulation of evidence contracts can cause many doubts in the practice of applying the law regarding the legal nature of these contracts up to the legal effects of their introduction. In favor of the material and legal nature of these contracts, it is necessary to solve, under substantive law, problems related to defects of intention, interpretation of these contracts or the legal effects of these contracts for legal successors.

It may also be problematic to examine these contracts (whether only on demurrer or ex officio) and the legal consequences of their defects, as well as the question of the time when the parties may rely on such a contract. The aim of the authors is to present all substantive and procedural aspects of the existence of the institution of evidence contract, as well as to clarify doubts that may arise in the context of the institution in the practice of applying the law.

Keywords: civil proceedings; evidence; commercial issues; evidence proceedings; the dispositive principle

Professor at the Chair of Civil Law and Procedure, Faculty of Law and Administration, Nicolaus Copernicus University in Toruń, attorney-at-law, author of publications on civil proceedings.