ANALIZA KOSZTÓW TRANSAKCYJNYCH POSTĘPOWANIA CYWILNEGO W UJĘCIU O.E. WILLIAMSONA - STUDIUM PORÓWNAWCZE WYBRANYCH KATEGORII SPRAW SĄDOWYCH
TRANSACTION COSTS IN CIVIL PROCEEDINGS IN THE PERSPECTIVE OF O.E. WILLIAMSON - COMPARATIVE ANALYSIS OF SELECTED TYPES OF COURT CASES

Summary/Abstract: Purpose | The aim was to identify transaction costs in civil proceedings and the factors influencing their level, based on O.E. Williamson's concept. The analysis covers the categories of disputes concerning foreign currency loans and compensation for mining damage, which were treated as representative of various types of institutional conflicts. Research method | The study applies the law and economics approach, combining Williamson's transaction cost model with a qualitative analysis of case law and a comparative assessment of the two categories of disputes. It relies on established lines of case law of national and EU courts, as well as procedural regulations and scholarly literature, with emphasis on institutional and procedural conditions. Results | The results indicate differences in the structure of transaction costs between the analyzed case categories. In Swiss franc disputes, costs related to legal uncertainty and the duration of proceedings predominate, while in mining damage cases, evidentiary costs resulting from the highly specific nature of the assets and the need to utilize specialized knowledge in evidentiary proceedings are more significant. Originality / value / implications / recommendations | The paper expands on the application of the Williamson's model to the analysis of transaction costs in civil proceedings, demonstrating how procedural institutions and the type of relationships between the parties influence the level and structure of these costs. The results can serve as a starting point for further research on procedural optimization, as well as for formulating

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