Bezczynność wierzyciela jako przesłanka umorzenia postępowania egzekucyjnego — uwagi „de lege lata” i postulaty „de lege ferenda”
Creditor’s inactivity as a premise of discontinuance of executory proceeding — de lege lata remarks and de lege ferenda proposals

Summary/Abstract: The purpose of this Article is to describe the inaction of the the Creditor in the enforcement proceedings in relation to the inaction of the Claimant in the civil proceedings, which entitles the conducting authority to discontinue the proceedings ex officio (fall of instance). The competencies of the court Bailiff to discontinue the proceedings ex officio due to the inaction of the Claimant are more broadly defined compared to the civil court as the authority conducting the examination proceedings. The concept of fall of instance has been defined in the introduction based on Polish legal literature. Subsequently, an attempt was undertaken to indicate the differences between the Claimant’s inaction in the civil proceedings and the Creditor’s inaction in the enforcement proceedings, referred to as “extended inaction” comprising abroader catalogue of procedural actions. The question of differences between the repealed Article 823of the Civil Proceedings Code and the now binding Article 824section 1point 4of the Civil Proceedings Code that regulates the fall of instance, was also addressed. Finally, the conclusions were stated in points, from which it stems that the Creditor’s inaction should be distinguished due to the different nature of the enforcement proceedings and the current regulations included in the Civil Proceedings Code

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