Sprzeciw od nakazu zapłaty wydanego w elektronicznym postępowaniu upominawczym – reforma czy status quo?
An objection against a an order for payment issued in the course of electronic writof- payment proceedings – a reform or a status quo?
Author(s): Rafał DubowskiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Kancelaria Sejmu
Keywords: Code of Civil Procedure; bill
Summary/Abstract: The bill containsan amendment of Article 50536 of the Code of Civil Procedure enabling the defendantto file an objection against a an order for payment issued in the course of electronicwrit-of-payment proceedings. The reasons of procedural economy are justify introducingchanges that make it possible to partially appeal from the EPU’s payment order. In theauthor’s opinion, the implementation of the reasons of the bill does not require additionof new paragraphs. In order to achieve the same result, it is enough to modify the indicatedarticle in such a way that the acceptable scope of the appeal and the effects of raisingthe objection are set out in provisions concerning the “traditional” writ-of paymentproceedings.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2017
- Issue No: 4
- Page Range: 132-140
- Page Count: 9
- Language: Polish