Transformacje Prawa Prywatnego

Posiedzenia przygotowawcze jako instrument polubownego rozwiązywania cywilnych sporów sądowych

Ewa Drzewiecka — Tue, 30 Sep 2025 00:00:00 +0000

The aim of this article is to answer the following questions: Has the newly introduced institution of preparatory sessions in the Code of Civil Procedure achieved the objective of reducing the duration of civil proceedings, as intended by the amendment? Are the legal regulations governing preparatory sessions adequate to achieve this goal, and if not, in what direction should they be amended? What does a model preparatory session look like?

In this study, the author presents the origins of the legal provisions governing preparatory sessions and interprets these provisions. The study analyzes data regarding the number of scheduled preparatory sessions and their outcomes. Furthermore, the study highlights common practical problems associated with organizing preparatory sessions and proposes ways to address them. These issues are particularly significant given the lack of detailed research on this topic and the scarcity of literature in the field.

The study offers conclusions on whether it is worthwhile to organize preparatory sessions and, if so, how they should be conducted, as well as the impact of such sessions on the subsequent course of court proceedings and the overall number of cases. The author presents her perspective on the direction of legislative changes that could fully harness the potential of this institution to significantly reduce the duration of civil court proceedings.

In conducting this analysis, the author relies on the practices of Polish courts, including a survey of civil judges. The study employs both the dogmatic method and sociological methods of legal research, such as surveys and interviews.

Due to its limited scope, this study does not aim to be exhaustive. Its purpose is to outline the topic and associated issues, identified based on the author's professional experience as a civil judge, and to propose solutions.

Instytucje ochrony wierzycieli transgraniczne przekształcanej spółki w świetle dyrektywy Parlamentu Europejskiego i Rady (UE) 2019/2121 z dnia 27 listopada 2019 r. oraz kodeksu spółek handlowych

Rafał Pietraszuk — Tue, 30 Sep 2025 00:00:00 +0000

The article defines the concept of "cross-border conversion", taking into account the influence of the case law of the Court of Justice of the European Union (CJEU) on the development of this notion. It then outlines the phases of cross-border corporate operations, allowing for a more precise identification of potential instruments for the protection of creditors at each stage of the conversion procedure. The subsequent part of the analysis highlights the risks that cross-border conversions pose for creditors and discusses the principle of continuity and its impact on their legal position. Furthermore, the study presents creditor protection mechanisms provided under both EU law and the Polish Commercial Companies Code. The article focuses primarily on substantive law instruments, while also including references to procedural law and conflict-of-laws rules where relevant.

Zastąpienie instytucji ubezwłasnowolnienia modelem wspieranego podejmowania decyzji

Przemysław Wołowski — Tue, 30 Sep 2025 00:00:00 +0000

Because Polish regulations concerning the institution of guardianship, which automatically deprive individuals of decision-making autonomy, are inconsistent with international human rights standards, legislative work is underway in Poland to replace this institution in the civil law system with a model of supported decision-making.

The aim of this publication is to analyze the draft Act on supported decision-making instruments. Specifically, the analysis is conducted within the context of the civil law system. The publication also presents a characterization of the proposed supported decision-making instruments.