The Disposal of Items or Rights Covered by a Dispute (Article 192 (3) of the Civil Procedure Code) from the Perspective of the Availability and Effectiveness of Polish Civil Proceedings

The disposal of items or rights covered by a dispute in civil proceedings is regulated to ensure stability of the process. However, this leads to a restriction of the principle of disposability and consequently reduces the effectiveness of the proceedings. Material disposals (settlement, acknowledgement of the claim or withdrawal of the claim with waiver of the claim) involving the seller should be deemed inadmissible by the court because the seller cannot dispose of the disputed subjective right freely. As a result of singular succession during the proceedings, this right has been transferred to the buyer, who is its sole disposer from that moment onwards.