A preparatory hearing (from article 2054 to article 2058 of the civil procedure code) — selected issues de lege lata and de lege ferenda

Abstract

A preparatory hearing (Article 2054 to Article 2058 of the Civil Procedure Code) is a basic in-stitution of a preparatory proceedings constituting the basic element of the procedure organisation (Article 2051 et seq. of the Civil Procedure Code). The crucial objective of introducing the regulations in question to the Civil Procedure Code is expediting the procedure and eliminating the excessive length of proceedings. In the article a selective analysis of the provisions on preparatory hearing was conducted concerning (1) striving for resolving a dispute amicably (Article 2056 of the Civil Procedure Code), (2) applying provisions on closed-door hearings (Article 205 5 § 2 of the Civil Procedure Code) and rules governing taking minutes of the preparatory hearing (Article 2058 of the Civil Procedure Code), (3) the principles concerning adjournment thereof (Article 2057 of the Civil Procedure Code) and (4) the ability to direct the case to trial without scheduling a prior preparatory hearing (Article 2054 § 3 of the Civil Procedure Code). The crucial construing doubts regarding the interpretation of the said institution de legelata were presented. It was also stressed that the analysed issue is important on a theoretical and practical basis (court practise). There appears a question about the possibility of implementing ideas concerning the institution in question into the Civil Procedure Code. There are also vital issues whether the commented provisions could be applicable in practice. The conducted analysis led to conclusions de lege ferenda, implementation of which may eliminate the above-mentioned risks.