PPE 7/2022
Wybrane uwagi odnośnie do art. 827 § 1 k.p.c.
dr Janusz Nowak
komornik sądowy przy Sądzie Rejonowym w Tarnowie; ORCID: 0000-0002-1320-8914
Dowiedz się więcejABSTRACT
Selected Comments on Art. 827 § 1 Code of Civil Proceedings
Amendments to the Code of Civil Proceedings that came into effect after 8 September 2016 affected significantly the course of court enforcement proceedings. Such changes encompassed also art. 827 § 1 of the Code of Civil Proceedings, which played an important role in enforcement proceedings. The article analyses the content of art. 827 § 1 of the Code of Civil Proceedings in its wording applicable until 7 September 2016 and after that date. Special attention was paid to the function of art. 827 § 1 of the Code of Civil Proceedings, because without its understanding it is not possible to assess the introduced changes. Moreover, changes of art. 827 § 1 of the Code of Civil Proceedings were also noted as well as its relationship with art. 801 § 4 of the Code of Civil Proceedings. In addition, de lege lata and de lege ferenda postulates were also presented, whose objective is to justify and rationalise court enforcement proceedings.
Keywords: discontinuation of enforcement proceedings, hearing of parties, court enforcement, ineffectiveness of enforcement, art. 801 § 4 of the Code of Civil Proceedings, art. 827 § 1 of the Code of Civil Proceedings