PPE 1/2023
Glosa do uchwały Sądu Najwyższego z dnia 28 stycznia 2022 roku, III CZP 21/22
Paweł Bieżuński
radca prawny
ABSTRACT
Gloss to the Resolution of the Supreme Court of 28 January 2022, III CZP 21/22
The purpose of the gloss is to interpret regulations concerning both bankruptcy and court enforcement proceedings. The Supreme Court has resolved that if an originating application for enforcement is filed upon the debtor having declared bankruptcy, there is no basis for the bailiff to charge the creditor for a fee for the obviously aimless initiation of enforcement proceedings. Although, before regulations establishing the National Register of Debtors came into force, the thesis of the resolution deserved approval, the justification of the ruling is not supported by law. The Supreme Court wrongly decided that, given the debtor (bankrupt entity), the enforcement against a bankrupt is not permissible. While such enforcement should not be assessed in terms of the permissibility of procedures, but the efficiency of compensation for the creditor. In consequence, given the existing legal status, instituting enforcement proceedings against a bankrupt entity is obviously aimless, as a rule.
Keywords: enforcement, bankruptcy, cost of enforcement