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Civil Procedure Code Changes

Amendment to the Civil Procedure Code

The amendment to the Civil Procedure Code dated 16 September 2011, which takes effect from 3 May 2012, implements a number of changes in civil procedure, relevant from the point of view of the participants to the proceedings.

One of the key changes is the liquidation of separate commercial proceedings. From 3 May 2012 only one procedure for pursuing claims will apply in civil cases, regardless of whether a party is an entrepreneur or a person not conducting business activity. The amendment was intended to respond to criticism of commercial proceedings, in particular their formal character. However, the nature and direction of the changes causes doubts as to whether the legislator went in the right direction in response to this criticism. The amendment liquidating commercial proceedings does not remove the complexity and difficulty of these proceedings, it only modifies and expands their effect on the whole civil proceedings. The legislator goes further and limits the freedom of the parties to file pleadings – in terms of their number, sequence and content. More…