Articles

Vol. 133 (2023)

The Internet as a source of information on facts about which information is generally available, with particular regard to social media: Comments against the background of Art. 228 § 2 of the C.C.P.

Pages: 73-85

PDF (Język Polski)

Abstract

With the amendment of the Code of Civil Procedure in 2019, a new category of facts — i.e. facts about which information is generally available — was introduced into Polish procedural law in addition to notorious facts and facts known to the court ex officio in Article 228 § 2 of the Code of Civil Procedure. This category was intended to be the legislator’s response to the prevailing views as to the impossibility of considering a fact about which information has been posted on the Internet as a generally known fact. In the article, I analyze whether it was justified to introduce this category into Polish law and consider the problems associated with the wording of Article 228 § 2 of the Code of Civil Procedure after the amendment.