Oddalenie powództwa z uwagi na nieudowodnienie wysokości roszczenia
Dismissing an action due to the inability to prove the height of claim

Summary/Abstract: The Polish adversarial civil process forces a greater and greater engagement of parties and their proxies and their increasing attention in the field of evidence. The legislature setting higher and higher requirements to the parties, related to proper argumentation met with both criticism and approval on the side of practitioners and theorists of law. Proponents of this approach referred to the departure from the role of the guardianship court, on the principle of procedural economy and facilitating the professionalization of proceedings. Critics complained on the excessive rigor and violation of basic civil rights which is the access to the court. Strictness of conduct which was introduced by the reforms of 1996, is slowly weakening by the removal of the provisions of Articles 1302 § 3 and § 4 of the Code of Civil Procedure (CCP), Art. 3701 (CCP). We are also waiting for the amendment to the Code of Civil Procedure and liquidation of economic conduct, characterized by, among others, by the rule of barring evidence. These trends, however, do not weaken the adversarial process whose consequences are judgments still issued by the court, dismissing the action because of not proving the claim or its amount, even in cases in which there appear professional proxies. The author aims to bring closer the matter of dismissal of the petition and indicate, albeit few, but extremely important, means of how to deal with those judgments by the parties in proceedings before courts of second instance.

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