An Economic Analysis of Restrictions
Exacted on Hearings in Civil Procedure
The paper purports to outline an economic analysis of limitations inherent in
hearings in Polish civil procedure. The point in issue is embodied by Article 220
of the Polish Code of Civil Procedure (hereinafter referred to as “the CCP”). Whilst
the Article in question has not been amended since 1964, when it was contained
within the original wording of the CCP, due to the constant development of the
methodology of law, the meaning and ramifications thereof have steadily evolved
and at present it may be vetted from a distinct angle. The main objective of this
paper is to analyze the economic consequences besetting hearings in the Polish
civil procedure. In order to achieve this goal, not only is it necessary to set forth
the basis of the economic analysis of law but also to give a brief account of
doctrinal reflections on Article 220 CCP. The paper leads to the conclusion that
the limitations levied on hearings constitute an extremely useful institution of
law, which enhances the economy thereof. It can render the proceedings more
expeditious and reduce their social costs, resulting in a more efficient allocation
of the resources of all parties to the proceedings. Conversely, in case an erroneous
decision is made by the court pertaining to the limitations of the hearing,
significant costs may be so incurred. Therefore the court`s decision in this matter
can be considered as rational from the economic point of view provided the
judgment promulgated during a limited trial coincides with the judgment which
would have been reached on a full hearing.
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