PPE 4/2025
Wierzyciel prowadzący egzekucję a wierzyciel przyłączający się do egzekucji
dr hab. Józef Jagieła, prof. UŁ
Katedra Postępowania Cywilnego II, Wydział Prawa i Administracji, Uniwersytet Łódzki; ORCID: 0000-0001-9103-5185
ABSTRACT
The Creditor Conducting Enforcement and the Creditor Joining Enforcement Proceedings
dr hab. Józef Jagieła, professor at the University of Łódź, Department of Civil Procedure II, Faculty of Law and Administration, University of Łódź; ORCID: 0000-0001-9103-5185
The subject of this study is an analysis of the relationship between the creditor conducting the enforcement and the creditor joining the enforcement proceedings. The starting point is the legal framework governing the accession of an additional creditor to pending judicial enforcement proceedings against real property and other property rights, in particular movables and receivables. Subsequently, the consequences of a creditor joining the enforcement as a means of eliminating multiple enforcement proceedings against the same asset of the debtor are presented.
The considerations focus on the legal status of the creditor at whose request enforcement was initiated and the creditor joining the enforcement, as creditors participating in enforcement. As follows from the findings, under the applicable legal framework the creditor joining the pending enforcement has the same legal position as the creditor at whose request the enforcement was initiated. He may independently submit motions and statements, regardless of the position of the creditor initiating the proceedings, which produce legal effects also regarding the first creditor, unless otherwise provided by law or by the nature of the given act.
Keywords: creditor conducting enforcement, creditor joining the enforcement, co-participation of creditors, enforcing creditor, legal status of the enforcing creditor