Evaluation of conformity to the Constitution of the amendment of the National Court Register Act, as regards the abolition of the obligation to deliver decisions about the registration in the insolvent debtors register Cover Image

Ocena zgodności z Konstytucją nowelizacji ustawy o Krajowym Rejestrze Sądowym w zakresie zniesienia obowiązku doręczenia postanowień o wpisie do rejestru dłużników niewypłacalnych
Evaluation of conformity to the Constitution of the amendment of the National Court Register Act, as regards the abolition of the obligation to deliver decisions about the registration in the insolvent debtors register

Author(s): Karol Dobrzeniecki
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: National Court Register; civil procedure; Constitutional Tribunal

Summary/Abstract: The subject of questions of law submitted to the Constitutional Tribunal is the provision of the amendment of the National Court Register Act, which discharged the courts, that have been issuing orders about the registration in insolvent debtors register, from the obligation to deliver them and which also determined, that those orders are not subject to appeal. In the draft Sejm’s position it was concluded, that the provision introduced by the amendment does not conform to the Constitution. Such conclusion is formed after determining that, the provision in questions causes an effect that individuals may be registered in the insolvent debtors register without their knowledge and without any opportunity to present counterarguments during court proceedings.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 257-278
  • Page Count: 22
  • Language: Polish