The institution of fundamental reasons for the decision. The admissibility of their correction and interpretation

Abstract

The 2019 amendments to the Code of Civil Procedure introduced Art. 357 § 5 on fundamental reasons for decision. The purpose of establishing this institution was to make civil proceedings more flexible. However, since the entry into force of the new regulations, numerous doubts have arisen regarding the interpretation of this regulation. They referred, among other things, to the form of fundamental reasons, their relation to the filing of appeals and the admissibility of their rectification. In the article, the author advocates the permissibility of applying rectification measures, such as correction or interpretation, to the written fundamental reasons for the decision. Such a solution provides an opportunity to correct possible errors and clarify interpretative doubts, which is in line with the purpose of the amendment – the efficient and transparent conduct of civil proceedings.