W KWESTII CHARAKTERU PRAWNEGO SKARGI NA OSZACOWANIE RUCHOMOŚCI PRZEZ KOMORNIKA
REGARDING THE LEGAL CHARACTER OF THE COMPLAINT FOR THE BAILIFF’S ESTIMATION OF THE MOVABLE PROPERTY VALUE

Summary/Abstract: The above mentioned complaint is a kind of legal measure, not mentioned in the hithertoclassifications of appeals used in court enforcement proceedings. An appeal against the courtenforcement officer’s appraisal should be filed with the court enforcement officer upon movableproperty being attached or, should this prove impossible, on or prior to the date of the auction.Pursuant to art. 853 paragraph 2 of the Civil Code Procedure, if the creditor or debtor challengesthe appraisal, movable property shall be appraised by the expert upon being attached or, if this isimpossible, at any later date, on or prior to the date of the auction. According to the legislation priorto the amendments to the C.P.C. in 2004, pleas regarding the estimation of movable property valuewere classified as, i.a., special appeals in this proceeding. Since 5 February 2005 when the pleasabout estimation were removed from the C.P.C. it has been discussed whether the complaint underArticle 853 of the C.P.C. has the nature of an appeal, a special form of complaint against the actionsof a bailiff, or some kind of legal measure, different from appeal. From 1 January 2019, when the lawon court bailiffs enters into force, the above mentioned complaint shall be replaced by reservationsto the assessment of the movable property value performed by the bailiff.

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