PPE 11/2022
Między zmiennością a racjonalnością – prywatyzacja egzekucji sądowej (część 1). Analiza i ocena wybranych zmian legislacyjnych w latach 1997–2015
Jakub Bródka
Jakub Bródka, student IV roku prawa na WPiA Uniwersytetu Gdańskiego
Dowiedz się więcejABSTRACT
Between Volatility and Reasonableness – Privatization of Court Enforcement (Part 1). Analysis and Assessment of Selected Legislation Amendments in 1997–2015
An institutional position of a bailiff has never been fully explicit, and the number of amendments introduced in this respect show that this is the area of intensive legislative activity. A purpose of this study is to prove that court enforcement was in the privatization trend in 1997–2015, when the legislator introduced legal changes that approximated a court bailiff to so-called independent legal professions. The author tries to prove his thesis against the shape of three institutions of major importance for court enforcement, namely an enforcement fee, jurisdiction (local competence) and the right to select a bailiff by a creditor. He clearly distinguishes when it is possible to indicate that a change is directed at ius publicum, locating it close to public authorities, and when towards ius privatum. The study allows to make a distinction between the period of limited and full privatization. The author points out that this legislative trend was affected by specific factors, such as effectiveness of court enforcement, burden on bailiff offices and events in media.
Keywords: privatization of court enforcement, bailiff, enforcement proceedings, enforcement fee, jurisdiction