Analiza najważniejszych zmian w sądowym postępowaniu egzekucyjnym obowiązujących od 1 stycznia 2019 r.
The analysis of the most significant changes in the court
enforcement proceedings in force as of January 1, 2019
Author(s): Agnieszka KoniecznaSubject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: the liability of a court enforcement officer; complaint against a court enforcement officer’s actions; official form
Summary/Abstract: On January 1, 2019 the amendment to the regulations on the court enforcement proceedings entered into force. The most important changes include, amongst others, an expansion of the responsibilities of the court enforcement officer, who has been obliged to register, by means of any recording device, the enforcement activities conducted outside the court enforcement office; a change in the competent jurisdiction of the court examining the complaint, as well as the obligation to submit a complaint on an official form and to deliver these forms to the parties to the proceedings by the court enforcement officers. However, the most controversial change is the introduction of the option for the court to charge the court enforcement officer with the costs of the proceedings resulting from the complaint. For a relatively long time, numerous changes in the regulations made by the legislator on the court enforcement proceedings have been observed. It must be noted that during the legislative proceedings, provisions appeared which corrected, amended, clarified or retracted previously adopted solutions. However, these changes have significantly transformed, and still transform, the entirety of the court enforcement proceedings.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2020
- Issue No: 2
- Page Range: 9-32
- Page Count: 24
- Language: Polish