Wezwanie dłużnika do zapłaty i pisemne oświadczenie dłużnika o uznaniu długu jako podstawy wydania nakazu zapłaty w postępowaniu nakazowym
A Dunning Letter and a Written Recognition of Claim as the Basis of Issuance of a Payment Order in the Proceedings by Writ of Payment

Summary/Abstract: The aim of the study is to interpret the terms of a dunning letter and a recognition of claim, which may determine issuing a writ of payment in the proceedings by writ of payment. The commentary points the necessary components, which have to be involved in the above-mentioned documents tocondition the issuance of this judgement. Due to the strong connection between civil procedure andcivil law, the author refers to views based on substantive law, confronting them with the purpose and regulations of the proceedings by writ of payment. In conclusion, the author argues that every document which includes creditor’s will for debtor to fulfill the performance may be qualified asa dunning letter, and a recognition of claim may be expressed as a contract, a settlement, as well asa knowledge statement about the specific debt in a definite amount.

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