The Code of Civil Procedure provides for a number of special procedures. One of these is the procedure in commercial matters.
What are special procedures?
The provisions governing civil proceedings contained in the Code of Civil Procedure are, as a general rule, universal in character. However, in accordance with the legislature’s intention, certain categories of case are heard under so-called special procedures, which differ — to a greater or lesser extent — in the rules that apply. These include, among others, matrimonial cases, cases in the fields of employment law and social insurance, and, of course, commercial cases.
What are commercial cases?
Art. 458(2) of the Code of Civil Procedure defines with considerable precision which cases fall within the commercial category. Speaking in the most general terms, however, they may be understood as proceedings between traders (entities carrying on business activity) that relate to that activity. Of particular relevance are cases concerning construction contracts and leasing agreements, as well as matters falling within the scope of insolvency and restructuring law.
Preclusion of evidence
This term denotes the significant restrictions on the ability to submit applications for the taking of evidence that apply in civil proceedings. Those restrictions are especially stringent in commercial proceedings. It is accepted that the Claimant is obliged to set out all arguments and evidence in the statement of claim, and the Defendant — in the defence. Failure to comply with this requirement may provide grounds for the court to disregard arguments and evidence submitted at a later stage.
Other restrictions
The Code of Civil Procedure also imposes further restrictions on the parties to commercial proceedings. In particular, it is not permissible to amend claims by adding new ones or claims based on a different legal or factual basis. Not all forms of evidence are treated equally either — courts permit the examination of witnesses only in particular circumstances, and the essential facts concerning legal relationships must, as a rule, be established by documentary means.