Foundation > Reports > Legal issues > Enforcement

Articles, publications and other documents

1.

A court bailiff is authorised to submit an application to make an entry in the land register to commence enforcement from a property in the interests and for the creditor. In the event of a further creditor being added to proceedings commenced earlier then the court bailiff nor later creditor can demand the repeat of an entry to commence enforcement. This does not preclude the rights resulting from article 6262, § 5 of the Code for Civil Proceedings, Marek Lewandowski , Rejent Nr 2/2004, page 156

2.

Application for the commencement of enforcement from a property, Zdzislaw swieboda , Monitor Prawniczy Nr 3/2004, page 147

3.

Application for imposition of a warrant of execution, Marcin Uuliasz , Monitor Prawniczy Nr 6/2004, page283

4.

Update to the Code for Civil Proceedings. Part II ? proceedings to secure claims, Janusz Jankowski , Monitor Prawniczy Nr 20/2004, page 923

5.

Update to the Code for Civil Proceedings. Part III - enforcement proceedings (1), Janusz Jankowski , Monitor Prawniczy Nr 22/2004, page 1017

6.

Update to the Code for Civil Proceedings. Part III - enforcement proceedings (2), Janusz Jankowski , Monitor Prawniczy Nr 23/2004, page1067

7.

Should the main debt and secondary receivables on the basis of a bill of exchange be indicated in a bank enforcement title, Andrzej Rychter , Prawo Bankowe Nr 2/2004, page 84

8.

Should a court, in titles of enforcement based on bank titles of enforcement, include in the execution clause a comment on the legal grounds for the title of enforcement, Andrzej Rychter , Prawo Bankowe Nr 3/2004, page 83

9.

The means of indicating interest in a bank title of enforcement, Andrzej Rychter , Prawo Bankowe Nr 10/2004, page35

10.

Granted a clause of execution to a bank title of enforcement after the update to banking law, Maciej Mulinski , Prawo Bankowe Nr 12/2004, page 45

11.

The issuing of a bank title of enforcement causes a situation similar to that which is the case in submitting a demand for paying with respect to interrupting the course of barring. As with a claim a bank title of enforcement constitutes the legally expected form for the submission of a claim. No court body in this case is a consequence of the built-in avoidance of the courts for the examination of civil cases, Artur Nowak , Przeglad Sadowy Nr 4/2004, page155

12.

The compensatory liability of a debtor for credits seized in civil proceedings, Marcin Walasik , Przeglad Sadowy Nr 7/8 2004, page 65

13.

The use of a bank seal in issuing bank titles of enforcement, Jadwiga Antosiewicz , Biuletyn Prawniczy PKO BP 3/55, September 2004, page 61

14.

Update to the Code for Civil Proceedings, Part III Enforcement proceedings (1), Janusz Jankowski, Monitor Prawniczy Nr 22/2004, page 1017

Judicial decisions

1.

Securing National Insurance Office (ZUS) receivables with a compulsory mortgage

2.

The liability of members of a management board in a limited liability company and the effectiveness of enforcement

3.

Awarding an enforcement clause

4.

An enforcement clause
Resolution of the Supreme Court 2.12.03 - III CZP 90/03

5.

The basis for entry of a compulsory mortgage

6.

A bank title of enforcement

7.

A bank title of enforcement and the course of barring

8.

Enforcement from bank accounts

9.

The issue by a bank of a repeated title of enforcement in place of a lost title

10.

The plan to divide the amount recovered from enforcement on property in the event of commencing enforcement on the basis of a bank title of enforcement

11.

The inadmissibility of awarding an enforcement clause to the purchaser of a credit covered by a bank title of enforcement, who is not a bank

12.

The provisions of article 46, § 1 of the code for civil proceedings are not applicable in proceedings to award an enforcement clause to a bank title of enforcement.

13.

If an application has been submitted for an entry to be made in a land register conducted for property to include information on the commencement of enforcement against the owner then its transfer (sale or gift) by the owner is not an obstacle to making this entry.

14.

A chancellery fee for an enforcement clause is also charged if it was included in a bank title of enforcement.

15.

The declaration of a debtor voluntarily submitting himself to enforcement (a bank title of enforcement),
Supreme Court Resolution dated 9th February 2005 - III CZP 80/04

16.

The plan for the division of the amount recovered from enforcement on a property,
Supreme Court Decision dated 11th July 2002 - IV CKN 1213/00

17.

Submission by a court bailiff of an application for an entry to be made in the land register regarding the commencement of enforcement from the property,
Supreme Court Resolution dated 17th June 2003 - III CZP 31/03, Wokanda 1/2004, page

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