PPE 1/2025
Doręczenie korespondencji za pośrednictwem komornika sądowego – zderzenie z praktyką
Jakub Bródka
doktorant Szkoły Doktorskiej Wydziału Prawa i Administracji Uniwersytetu Gdańskiego; ORCID: 0000-0002-1504-5119
ABSTRACT
Service of Correspondence by Bailiff in Practice
Jakub Bródka, doctoral student at the Doctoral School of the Faculty of Law and Administration at the University of Gdańsk; ORCID: 0000-0002-1504-5119
As a result of the enforcement of an obligatory delivery by bailiff under Art. 139(1) of the Civil Procedure Code, there have arisen numerous practical doubts, which the legislator, more or less effectively, tried to dispel in order to repair the shortcomings of the applicable regulations. However, the issue has not been solved completely. This article presents selected disputable issues related to the delivery by bailiff, as well as to activities taken by bailiffs to identify the addressee’s present place of residence, which need to be solved. The author presents possible solutions to those issues in legislative or interpretation terms, which would make the performance of bailiffs’ activities easier and the correspondence delivery, as well as activities stemming from Art. 3b of the bailiffs act more effective, without prejudice to the rights of parties to proceedings. The choice of the issues is based on the existing legal regulations: the Civil Procedure Code, the bailiff’s cost act, the bailiffs act, as well as on the author’s literature and experience gained during his work in the bailiff office.
Keywords: enforcement proceedings, delivery by bailiff, bailiff, place of residence, report