PPE 8/2023
Wytoczenie powództwa przez podmiot zagraniczny a doręczenia komornicze – uwagi na tle art. 139(2) k.p.c.
dr Bartosz Trocha
radca prawny (OIRP w Łodzi); ORCID: 0000-0002-9548-871X
Dowiedz się więcejABSTRACT
Bringing an Action by a Foreign Entity and Bailiff ’s Service – Comments on Art. 139(2) of the Code of Civil Proceedings
The study analyses art. 139(2) of the Code of Civil Proceedings introduced with the amending Act of 9 March 2023. The new law contains a detailed regulation in the area of so-called bailiff’s services, provided for cases in which a plaintiff lives or has a registered office abroad and is not represented by a professional attorney. The legislator has decided that in such situations a bailiff’s service should be ordered by a court ex officio, in order to eliminate inconveniences related to the necessity to send correspondence addressed to a defendant to a plaintiff abroad, in order to commission its service by a bailiff. However, the analysis of the regulation leads to the conclusion that its wording may raise numerous doubts, both from the perspective of theory and practice. The method in which the subjective scope of this standard has been determined as well as the method of financing bailiff’s service seem ill-conceived. The assessment of the trial position of a plaintiff with respect to bailiff’s actions also seems problematic, as well as the indication of a scenario in a situation where an attempt at a bailiff’s service ordered by a court ex officio is unsuccessful. As a consequence, despite a generally fair intention to treat foreign entities separately, it seems that the new regulation has not been thought-out sufficiently and its supplementation seems advisable.
Keywords: service, bailiff’s service, foreign entities, bailiffs, international civil proceedings