Zastrzeżenie do protokołu na podstawie art. 162 k.p.c. – nowe unormowanie, stare problemy
Reservation for the record of the court session on the basis of Article 162 of the Polish Code of Civil Procedure – new regulations, old issues

Summary/Abstract: This article elaborates on the amendment of Article 162 of the Polish Code of Civil Procedure in comparison to the previous legal standing. It interprets the current formulation of this provision, taking into consideration the accurateness of the new solutions and insufficiencies which require further changes. The author asserts that providing a court with a possibility to correct irregularities during the proceedings does not demand sanctioning with the loss of a charge of omission or ineffective signalling. The improvement and acceleration of the civil proceedings as the public mission cannot be done while breaching the conditions of constitutional rights and freedoms. After implementing the institution of a deliberate misuse of a procedural law into the civil proceedings, the courts have appropriate instruments to discipline the parties to the case at their disposal and there is no justification to further expand their catalogue through the violation of the rules of proportionality and constitutional warranties of equality and the right to a trial.

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