PPE 2/2025
Dopuszczalność badania przez komornika sądowego zasadności tytułu egzekucyjnego i praw osób trzecich do zajmowanych składników majątku dłużnika a efektywność egzekucji sądowej
dr Joanna May
Katedra Prawa Handlowego, Morskiego i Postępowania Cywilnego, Uniwersytet Mikołaja Kopernika w Toruniu; ORCID: 0000-0001-8660-0784
ABSTRACT
The Admissibility of the Examination by Judicial Officer of the Validity of the Enforcement Title and the Rights of Third Parties to the Seized Components of the Debtor’s Assets and the Effectiveness of Judicial Enforcement
dr Joanna May, Department of Commercial Law, Maritime Law and Civil Procedure, Nicolaus Copernicus University in Toruń; ORCID: 0000-0001-8660-0784
The article is devoted to the issue of the admissibility of a judicial bailiff’s examination of the validity of the enforcement title and the rights of third parties to the seized components of the debtor’s assets in the context of the effectiveness of judicial enforcement.
The discussion of this two-aspect issue was preceded by an explanation of the basic concepts of the execution proceedings, such as the basis of the execution and its limits.
Next, from the perspective of the functions of the execution and examination proceedings, the amendments to the provisions of the Code of Civil Procedure were assessed, as a result of which derogations from the inadmissibility of the examination by a court bailiff of the validity of a execution title were introduced.
The further part of the article analyses the examination by a court bailiff of the rights of third parties to the seized components of the debtor’s assets, taking into account the role played by the enforcement authority in accordance with the systemic assumptions.
To sum up the issues discussed, a postulate was formulated to repeal those normative solutions that are in conflict with the constitutional and systemic position of the enforcement authority.
Keywords: judicial officer, enforcement title, examination of the enforcement title, effectiveness of the execution, third party rights to the debtor’s assets