PPE 11/2023
Dopuszczalność ustalenia opłaty stosunkowej z art. 30 u.k.k. w przypadku odmowy wszczęcia egzekucji
dr Joanna Szachta
prawnik w kancelarii komorniczej; ORCID: 0000-0002-8042-8212
ABSTRACT
Admissibility of Determining a Relative Fee under Art. 30 Act on Bailiff Costs in Case of Refusal to Initiate Enforcement
Article 800(1) was introduced into the Code of Civil Proceedings with the Act of 9 March 2003 on amendments to the Act – Code of Civil Proceedings and certain other laws. The regulation is related to art. 8042 of the Code of Civil Proceedings. In view of the introduced changes, it seems inevitable to revise present opinions concerning a refusal to initiate enforcement and its impact on determining an enforcement fee. The analysis is an attempt at answering the following question: if a petition is filed for initiating enforcement without proving the transfer of title with an official or private document with a signature officially certified, is it admissible to determine an enforcement fee? If the answer is positive: on what basis may a bailiff determine an enforcement fee?
Keywords: relative fee, enforcement fee, refusal to initiate enforcement, evidently pointless initiation of enforcement proceedings, enforcement