Udział dłużnika solidarnego w opisie i oszacowaniu nieruchomości należącej do innego dłużnika solidarnego
Participation of a Joint and Several Debtor in the Description and Assessment of a Property Belonging to Another Joint and Several Debtor

Summary/Abstract: In practice and doctrine the issue of participants in civil litigation is causing serious doubts, including executive proceedings. Meanwhile, the right establishment of the obligated entity allowed to take part in such proceeding, has a significant impact on the accuracy of conducting it. The determination of the circle of participants in executive proceedings or execution raises particular doubts in the situation when the enforceable title was issued against the joint and several debtors. In such situation, it is necessary to determine the litigation position of the debtor, whether being in a request of levying the execution of a judgement, or not, and depending on the assets which the execution shall be referred to. A clear distinction shall be made between executive proceedings and execution as the starting point of the deliberations on this matter. Such terminological distinction shall lead to a conclusion that a joint and several debtor who is not a property owner (co-owner) or any other item owner shall be a participant of executive proceedings (due to them being in a request of levying the execution of a judgement); however, there shall be no legal framework to consider them an execution participant (the actual executive proceedings participant) from real estate or other assets which do not belong to them.

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