LITIGATION COSTS AS A BARRIER TO EXERCISE THE RIGHT TO COURT FOR SMALL ENTREPRENEURS
LITIGATION COSTS AS A BARRIER TO EXERCISE THE RIGHT TO COURT FOR SMALL ENTREPRENEURS

Summary/Abstract: The subject matter of the article is based on the analysis of court accessibility in civil cases taking place between entrepreneurs. Numerous analysis of legal and economic problems are presented here from two main perspectives: legal dogmatics, concerning the right to court and practical experience of the author. Special attention will be paid to the barrier in prosecuting a claim in court by entrepreneurs as plaintiffs, who are obliged to cover the cost of litigation in advance, while not being certain of its outcome, let alone the possibility of enforcing the due benefit. In the article we will present some deliberations of legal and sociological nature aimed at answering the question whether the right to court is accessible for the rich only and what legal instruments could be introduced by legislator, in order to protect smaller entrepreneurs, who are in a weaker economic position, against losing their financial liquidity. The whole analysis is based on legal norms concerning costs of civil proceedings, which have been in force since the political transformation in Poland. Finally, an attempt will be made to present some more favourable solutions for small entrepreneurs to fully exercise their right to court.

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