Doręczenie zastępcze w postępowaniu cywilnym
Substitute Delivery in Civil Proceedings

Summary/Abstract: The Author analyzes issues concerning substitute delivery in civil proceedings, indicates defective legal regulations in this field and presents de lege ferenda conclusions. The current regulation of art. 138 and 139 of the Code of Civil Procedure is only slightly changed in comparison to the regulation of the substitute delivery contained in art. 151– art. 155 of the Code of Civil Procedure of 1930 and, among other things, due to the fact that social and economic relations have changed the regulations in this regard are stillfaulty. The Author points out that defective provisions concerning substitute delivery canbe removed by revising the provisions of the Code of Civil Procedure because the currentsolutions do not always allow for the implementation of all goals. The Author emphasizes that the delivery of correspondence to the addressee in civil proceedings is extremely important due to the fact that it can determine the validity of the proceedings in the face of party’s inability to defend its rights. It can also result in the invalidity of activities undertaken in the course of proceedings and significantly affect its continuation. For example, as a result of the objection of incorrect notification of parties, the appeal can be considered groundless. The Author also presents proposals to amend law, including the provisions of the Act on Bailiffs and Enforcement concerning the institution of the protocol of facts and to introduce a national database of addresses that can be used for delivery.

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