PPE 1/2026
Zapewnienie przez sąd należytego wykonania egzekucji w ramach nadzoru sprawowanego na podstawie art. 759 § 2 k.p.c. w związku z projektem zmiany Kodeksu postępowania cywilnego (część 1) – zakres nadzoru
dr hab. Ireneusz Wolwiak
Instytut Nauk Prawnych, Wydział Prawa i Administracji, Uniwersytet Śląski w Katowicach; ORCID: 0000-0002-6894-058X
ABSTRACT
The Court’s Assurance of the Proper Execution of Enforcement Proceedings as Part of Supervision Carried out Pursuant to Article 759 § 2 of the Code of Civil Procedure in Connection with the Draft Amendment to the Code of Civil Procedure (Part 1) – Scope of Supervision
dr hab. Ireneusz Wolwiak, Institute of Law, Faculty of Law and Administration, University of Silesia in Katowice; ORCID: 0000-0002-6894-058X
Growing doubts as to the scope of supervisory orders issued by the court under Article 759 § 2 of the Code of Civil Procedure lead to significant divergences in the application of this provision. This collection even included the issue of the entity authorized to issue such an order, when it comes to the admissibility of a decision by a second instance court, the course of the proceedings in respect of making the decision or the scope of the court’s powers as to the actions indicated to the bailiff to be taken or which may be annulled.
The government’s draft amendment to the Code of Civil Procedure, including the content of Article 759 § 2 of the Code of Civil Procedure, is limited only to supplementing it with the possibility of preparing the essential reasons for a decision in the event that no justification for such a decision is prepared. This project became an inspiration to present the issues that have arisen in the area of interpretation of the provision, in the face of such far-reaching controversies in the sphere of functioning of this institution, both in the context of scientific works and court decisions.
The analysis of the provisions of Article 759 § 2 of the Code of Civil Procedure in the light of the presented views of the doctrine and jurisprudence became the basis for further examination of the institution of supervisory orders, taking into account the concept of a conventional act in law.
Keywords: decision, bailiff, enforcement proceedings, supervision, judicial supervision, amendment to the Code, draft amendment