PROBLEMATYKA DOWODU Z ZEZNAŃ ŚWIADKA W POSTĘPOWANIU ODRĘBNYM W SPRAWACH GOSPODARCZYCH
THE ISSUES REGARDING WITNESS TESTIMONY IN PROCEEDINGS IN COMMERCIAL CASES
Author(s): Magdalena SkibińskaSubject(s): Civil Law, Commercial Law
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: testimonial evidence; witness testimony; hearing of parties; expert witness; subsidiarity of evidence; efficiency of proceedings; proceedings in commercial cases;
Summary/Abstract: In general, the efficiency of civil proceedings in commercial cases has been improved by introducing the amendment of 4 July 2019 to the Polish Code of Civil Procedure: the subsidiarity of testimonial evidence in the commercial cases. Simultaneously, Article 45810 of the code doesn’t allow to take an expert witness opinion after testimonial evidence which may, in a particular case, extend the duration of the proceedings. Therefore, this gap should be removed by amendment of this regulation. It should also be taken into account that testimonial evidence needs to be proceeded by hearing of parties due to both the reasons of conducting and the character of both means of proof.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2020
- Issue No: 29
- Page Range: 247-260
- Page Count: 14
- Language: Polish