PPE 2/2025
Zapewnienie należytego dozoru nad ruchomościami zajętymi w sądowym postępowaniu egzekucyjnym
Krzysztof Góra
aplikant komorniczy; ORCID: 0009-0000-2236-9229
ABSTRACT
Ensuring Adequate Supervision over Movables Seized in Judicial Enforcement Proceedings
Krzysztof Góra, trainee judicial officer
This article presents the analysis of the process of ensuring adequate supervision over movables seized in judicial enforcement proceedings. The author reviews obligations of a bailiff and a supervisor of movables, which, if performed correctly, guarantee that the value of objects seized will be maintained and the basic purpose of supervision will be met. Special attention is paid to issues with key practical importance and cases of interpretation doubt. Firstly, the correct form and method of establishing supervision over the seized movables, the supervisor’s responsibilities, as well as issues related to movables being handed over by the supervisor at a request of an authorised entity are defined. The analysis also covers obligations of an enforcement authority to establish supervision and monitor whether the supervision activities are performed in an adequate way, and in particular the definition of key reasons for the dismissal or replacement of the supervisor. The article discusses the admissibility and consequences of a bailiff’s objection to the place where movables are stored by the supervisor, as well. Secondly, the article presents the type of liability for offences occurring during the performance of supervision-related obligations and defines responsible entities authorised to claim compensation for inadequate supervision. With reference to the findings, the author presents comments de lege lata and postulates de lege ferenda.
Keywords: supervision, execution of movables, obligation of a supervisor of movables, obligations of a bailiff, responsibility for supervision