Potrącenie w procesie cywilnym

Abstract

According to the applicable provisions of the Civil Code, a set-off can always be made if the statutory conditions are met, and regardless of whether a judicial authority has intervened or is intervening in the relationship between the parties. The issue of set-off in civil proceedings has not been satisfactorily addressed in the literature to date. This prompts yet another attempt to look at the issue. The author has not undertaken a holistic and comprehensive analysis of the procedural institutions through which the set-off is enforced, but rather comments that, from a substantive legal point of view, come to mind as regards the discussion by specialists in civil procedure law. This article aims at looking at the set-off as a substantive law institution from the point of view of civil procedural norms. However, the consideration will be limited to the issue of set-off in the first instance proceedings and the counterclaim.