EVIDENTIARY STIPULATIONS IN THE COMMERCIAL PROCEEDINGS –REFLECTIONS ON NEW INSTITUTION IN CIVIL PROCEDURE

Abstract

The purpose of this article is to introduce the new institution in commercial proceedings – evidentiary stipulations. The article presents the views of the Polish doctrine that have evolved over the years as to the admissibility of concluding evidentiary stipulations in civil proceedings, where these considerations primarily concerned evidentiary stipulations as to the choice of evidences and evidentiary stipulations as to the distribution of the burden of proof. The article describes the general characteristics of evidentiary stipulations, and then discusses in detail the regulations introduced in this respect in commercial proceeding.