PPE 10/2022
Doręczenie komornicze. Postulaty de lege ferenda
Joanna Lipińska
doktorantka w Katedrze Postępowania Cywilnego II WPiA Uniwersytetu Łódzkiego, ORCID: 0000-0002-9457-0842; adwokat
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ABSTRACT
Bailiff ’s Service. Postulates de lege ferenda
This study constitutes a set of principles of de lege ferenda postulates concerning issues of service by a bailiff. An attempt has been made at analysing regulations included in the Act – Code of Civil Proceedings and the Act on bailiffs and all the acceptable de lege ferenda postulates have been presented. Taking the indicated postulates into account could improve the efficiency of so-called bailiff’s service in practice and resolve disputes that concern the doctrine and prevent the application of varied judicature practices by courts. In particular, the following de lege ferenda postulates, among other, are worth mentioning: extending a deadline for the fulfilment of a court obligation, extending the group of entities that may provide a bailiff with information about a present domicile of a defendant, replacing the concept of ‘domicile address’ with the term ‘address of stay’ in the institution of searching for a defendant regulated in art. 3b of the Act on bailiffs, specifying a group of entities that are subject to a bailiff service, creating a procedure in the situation where a plaintiff opens communication addressed to a defendant and instructing bailiffs to serve payment orders issued in proceedings by writ of payment and summary proceedings directly by courts pursuant to art. 3(4)(1) of the Act on bailiffs.
This study has been drawn up based on applicable regulations included in the Act on the Code of Civil Proceedings and the Act on bailiffs. The current literature was used, as well as the author’s experience acquired while working in a lawyer’s office.
Keywords: bailiff’s service, search for a current domicile address of a defendant, service of a lawsuit, service in civil proceedings, de lege ferenda postulates