PPE 2/2022
Glosa do uchwały 7 sędziów Sądu Najwyższego w sprawie III CZP 60/19 (częściowo krytyczna)
Mateusz Pietrzyk
sędzia Sądu Rejonowego w Chrzanowie
ABSTRACT
Gloss to the Resolution of 7 Judges of the Supreme Court in the Case III CZP 60/19 (Partly Critical)
The gloss contains the analysis of the position taken by the Supreme Court in the justification of resolution in the case III CZP 60/19. In the content of the justification, the Supreme Court modified the rules of conducting enforcement proceedings against a pauliana debtor. Although the author of the gloss expresses his approval for the direction of changes, he is critical of certain ideas expressed by the Supreme Court, in particular the failure to take into account the impact of the content of the resolution on proceedings that are pending according to present rules. In addition to the presentation of the position of the Supreme Court, the gloss contains observations of the practice of granting a security of pauliana claims by courts and a postulate of changes in this regard as well as proposals of trial actions that will enable conducting enforcement proceedings using the model presented in the justification of the resolution.
Keywords: pauliana claim, enforcement title, security of claim