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Articles

Vol. 133 (2023): Dowody elektroniczne w postępowaniu cywilnym

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.

DOI
https://doi.org/10.19195/0137-1134.133.5
Submitted
April 13, 2023
Published
2023-04-24

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.