Jednolitość czy różnorodność postępowania cywilnego? Optymalny model kodeksu postępowania cywilnego
Uniformity or Diversity of Civil Proceedings? Optimal Model for the Code of Civil Procedure

Summary/Abstract: The problem of the uniformity or diversity of civil proceedings arises primarily in the contextof modes and types of examination proceedings. The article focuses on the issue of uniformityand diversity of explanatory proceedings in the procedural mode. In the Polish procedural lawsystem, apart from ordinary contentious proceedings, there are also some specific roceedingsthat differ a lot. Their number is constantly growing. Therefore, it would not be appropriate tospeak about a uniform model of contentious proceedings as the basic mode of the examinationof civil cases in Poland. The current situation in that respect is not correct. When regulating theexamination procedure in civil cases, the legislator should strive to ensure uniformity of proceduralregulations regardless of the nature of the case under consideration. However, there is nodoubt that the existence of certain differences in civil proceedings in some cases is nevitable.Nevertheless, efforts should be made to reduce the number of specific proceedings existing inPolish law. Some cases should be transferred to administrative courts (e.g. cases in the field of social security, cases pertaining to energy, telecommunication and postal regulations). Someseparate proceedings should be abolished (e.g. specific proceedings in commercial matters).

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