PRZEJŚCIE UPRAWNIEŃ WIERZYCIELA PO POWSTANIU TYTUŁU EGZEKUCYJNEGO
ASSIGNMENT OF CREDITOR’S RIGHTS AFTER CREATION OF ENFORCEMENT ORDER

Summary/Abstract: The purpose of this article is to analyze the current legal status of the mode of transition of creditor’s powers after the creation of an enforcement title, which depends on whether the transition of powers occurred before or after the initiation of enforcement. If the transition of rights occurred before the initiation of enforcement, then the demonstration of this transition is carried out through the procedure of granting a new enforcement clause to the enforcement title based on Article 788 § 1 of the Code of Civil Procedure in favor of the purchaser of the claim. If, on the other hand, the transfer of rights occurred after the initiation of enforcement proceedings, then there is no need to grant a new enforcement clause to the acquirer, and the determination of the powers of the creditor acquiring the claim to continue enforcement is made in accordance with Articles 804 (1) and 804 (2) of the Code of Civil Procedure, that is, without the need to grant a clause, as long as the transfer is demonstrated by an offi cial document or a private document with an offi cially certifi ed signature and with the consent of the existing creditor. Exceptionally, the need for such a clause may arise when the enforcement authority refuses to initiate execution by the purchaser, or discontinues the existing execution. The research problem of the hypothesis that the indicated regulations of Articles 804 (1) and 804 (2) of the Code of Civil Procedure do not protect the debtor and prevent him from using legal remedies to demonstrate the ineffectiveness of the transfer to another person of the creditor’s rights was analyzed using the formal-dogmatic and legal-historical method.

• Details
• Contents