Best prices Special offers for members of the PWE book club The cheapest delivery
Dr hab. Tomasz Szanciło
ORCID: 0000-0001-6015-6769

Dr hab. Tomasz Szanciło, prof. EWSPA

Professor at the European University of Law and Administration in Warsaw, head of the Department of Private Law, and a judge at the Supreme Court of the Civil Chamber. Author of several dozen publications on substantive and procedural civil law, transport and commercial law — his scientific and research interests focus on these areas. Author of commentary through to transport law, and editor and co-author of a commentary on the code of civil procedure.

 
DOI: 10.33226/0137-5490.2021.6.2
JEL: K40

One of the basic assumptions of the amendment to the Code of Civil Procedure from 4.07.2019 is to counteract the parties' abuse of procedural law, so making the rights provided for in the provisions of use incompatible with the purpose for which they were established (Article 41 of the Code of Civil Procedure). The legislator significantly expanded the scope of the sanctions, which can be applied by the court in the event of abuse of procedural law by a party. The legislator rightly considered that disloyal and dishonest behavior of a party, especially those affecting the unjustified extension of proceedings, should be incriminated in a much broader scope than before. Although the introduction of new trial measures aimed at implementing the principles of loyalty in civil proceedings should be assessed positively, their structure raises serious doubts from the theoretical and practical point of view. The aim of the article is to present the practical aspects of applying the measures provided for in Art. 2262 § 2 of the Code of Civil Procedure.

Keywords: abuse; procedural law; fine; trial costs; interest
DOI: 10.33226/0137-5490.2020.6.4

Interest on trial costs is a new regulation in the Polish civil procedure. The solution adopted by the legislator, although going in the right direction, raises both theoretical and practical doubts. The main problem is to determine whether the interest should be included in the judgment closing the case, as part of the costs of the trial, or whether it's awarded in some other form. Answering this question implies further problems, particularly related to the challengeability of such a decision. The analysis of the provisions allows to conclude that interest forms part of the costs of the process, with all the consequences.

Keywords: interest; trial costs; expenses; complaint