THE LEGAL NATURE OF THE PROCEDURAL AND NON-TRIAL DECLARATION OF INTENT TO DEDUCT IN THE CONTEXT OF THE DEDUCTION ALLEGATION CONTAINED IN ART. 2031 K.P.C

Abstract

When two persons are debtors and creditors to each other, each of them may submit a declaration of intent to the other party about deduction. A declaration of will to deduct may be submitted before the commencement of court proceedings, during it or after its termination. A declaration of intent by one of the parties must be introduced to the proceeding in the form of an offsetting claim. Therefore, the important question arises whether the declaration of will on deduction made before or after the initiation of the proceedings, but also outside of it, must also be introduced to the proceeding in the form of an offsetting claim. Settlement of the issue is important because in the event of an affirmative answer to such a question the objection of deduction will have to meet the requirements arising from art. 203 1 k.p.c.