PPE 4/2023
Czy interes wierzyciela to interes publiczny?
dr Grzegorz Kamieński
Akademia Nauk Stosowanych Angelusa Silesiusa w Wałbrzychu; ORCID: 0000-0002-1278-7950
ABSTRACT
Is the Creditor’s Interest a Public Interest?
The purpose of enforcement is the enforcement and the realization of civil law rights or obligations (substantive civil law). Execution is an element of enforcement proceedings, which is aimed at the source of the use of specific coercive measures, and is carried out in the service of state enforcement authorities of coercive measures. It should be assumed that enforcement proceedings primarily serve the interest of the creditor. At the same time, ensuring that a creditor can realistically realise civil law rights or obligations serves to strengthen citizens’ trust in the state and is in the general interest of justice, which can be seen as a type of public interest. The author, therefore, analyze whether interest in enforcement proceedings constitutes a public interest.
Keywords: Code of Civil Procedure, enforcement proceedings, public interest, judicial enforcement