PPE 9/2023
Postępowanie w sprawach o zabezpieczenie spadku
Kacper Szczechowicz
asesor komorniczy, Izba Komornicza w Łodzi
ABSTRACT
Proceedings for Securing Inheritance
This article discusses one of trial institutions in civil law, namely security of inheritance. Regulations have been presented de lege lata concerning both the recognition phase and the executive phase of proceedings. Special attention has been paid to situations that may be faced by a bailiff in practice. The analysis has been based on comments on the Code of Civil Proceedings as well as monographs on legal sciences, not forgetting also about utterances of the Supreme Court that matter for the issue under discussion.
Moreover, in point nine fiscal issues have been discussed briefly, related to a fee due to a bailiff, in comparison to the idea that was behind the introduction of the Act on bailiff costs by the legislator.
Keywords: inheritance security, means of security, execution of decision, protective function