Złożenie wniosku o doręczenie uzasadnienia postanowienia a dopuszczalność zażalenia na postanowienie wydane na posiedzeniu niejawnym w postępowaniu egzekucyjnym
Submission of a Request for Service of Reasons of a Court Decision and the Admissibility of a Complaint Against the Decision Issued in Closed Session in Enforcement Proceedings

Summary/Abstract: Submission of a request for delivery of the justification of the court decision and the admissibilityof a complaint against a decision issued in the closed session in enforcement proceedings.Gloss to the resolution of the Supreme Court of April 13, 2022 (III CZP 85/22). The thesis of theSupreme Court Resolution of April 13, 2022, deserves approval. According to it “The submissionof a request for the preparation of a justification and the delivery of a court decision with thejustification is not a condition for the admissibility of a complaint against the decision referredto Art. 7661 § 1 of the Code of Civil Procedure”.Some critical remarks may be formulated with regard to the view expressed in the justificationof the Supreme Court Resolution. Under the amendment to the Code of Civil Procedure ofJuly 4, 2019, the procedural formalism was excessively tightened by introducing an additionalcondition for the admissibility of legal remedies, which is the submission of an application forthe preparation and delivery of a judgment with justification.In order to guarantee the implementation of the standard of legal protection provided forin Art. 78 and 176 sec. 1 of the Constitution of the Republic of Poland, it should be assumed thatregardless of whether the defective request for the delivery of a judgment with the justificationis made by a professional representative, or by a party not represented by such a representative,it should be stated that the will to challenge the judgment of the court of first instance submittedwithin the time limit for the request for delivery of the justification should lead either totreating it as a request for delivery of it or to summon the person to remove the formal defect byprecisely expressing the request contained in the pleading

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