ZARZUT POTRĄCENIA W KONTEKŚCIE NOWELIZACJI KODEKSU POSTĘPOWANIA CYWILNEGO
ALLEGED A DETACHMENT IN THE CONTEXT OF THE AMENDMENT OF THE CODE OF CIVIL PROCEDURE

Summary/Abstract: The set-off institution raised and still raises a number of doubts from the point of view of a substantive issue. The issues related to the application of this institution was - and will undoubtedly continue to be - the subject of considerations of representatives of the doctrine. Particular attention should be paid to the use of this regulation in the trial, because while the material issues related to the charge of set-off have received numerous comments, supported by the positions of the courts, when it comes to procedural issues related to this - one may feel a certain insufficiency. So far, no monographic study on the charge of set-off has been published. Meanwhile, as part of the amendment to the Code of Civil Procedure, it was decided to introduce a new solution providing for a comprehensive and comprehensive formula for the set-off charge. This article is intended to draw attention to the use of this institution mainly in procedural proceedings. However, it should be borne in mind that this is only a synthetic context, due to the complexity of this subject of the process.

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