PPE 9/2023
W kwestii dopuszczalności skargi nadzwyczajnej od prawomocnych orzeczeń kończących postępowanie w sprawie, wydanych w postępowaniu egzekucyjnym – część 1
dr Monika Ged
radca prawny (OIRP w Gdańsku); ORCID: 0000-0003-1000-6011
ABSTRACT
On Admissibility of an Extraordinary Complaint Against Valid Rulings that Close Proceedings in a Case Issued in Enforcement Proceedings – Part 1
The article, which constitutes the first (out of two) part of a publication that concerns admissibility of filing an extraordinary complaint against valid rulings that close proceedings in a case issued in enforcement proceedings, presents problems of functioning of an extraordinary complaint in the domestic legal order. A starting point for the considerations was to remind readers of the causes of adopted provisions on an extraordinary complaint and their assessment formulated by representatives of the doctrine. A next part discusses applicable regulations that concern premises for filing an extraordinary complaint, entities authorised to do the same, and types of resolutions issued as a result of its recognition. A necessary part of the analysis carried out in this article has become also the catalogues of complaint measures presented in the literature which are available in enforcement proceedings, including but not limited to extraordinary complaint measures. Theoretic comments presented in this article are developed in the second part of the paper, which encompass practical issues that concern the subject matter.
Keywords: an extraordinary complaint, enforcement proceedings, appeal measures, judgement closing proceedings in a case, bailiffs, extraordinary appeal measures