INSTYTUCJA ZASADNICZYCH POWODÓW ROZSTRZYGNIĘCIA. DOPUSZCZALNOŚĆ ICH SPROSTOWANIA I WYKŁADNI
THE INSTITUTION OF FUNDAMENTAL REASONS FOR THE DECISION. THE ADMISSIBILITY OF THEIR CORRECTION AND INTERPRETATION

Summary/Abstract: The 2019 amendments to the Code of Civil Procedure introduced Art. 357 § 5 on fundamentalreasons for decision. The purpose of establishing this institution was to make civil proceedings moreflexible. However, since the entry into force of the new regulations, numerous doubts have arisenregarding the interpretation of this regulation. They referred, among other things, to the form of fun-damental reasons, their relation to the filing of appeals and the admissibility of their rectification.In the article, the author advocates the permissibility of applying rectification measures, such as cor-rection or interpretation, to the written fundamental reasons for the decision. Such a solution pro-vides an opportunity to correct possible errors and clarify interpretative doubts, which is in line withthe purpose of the amendment – the efficient and transparent conduct of civil proceedings.

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