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Manifestly inexpedient initiation of enforcement proceedings within the meaning of art. 30 of the act on court bailiff fees

Subject and Keywords:

enforcement proceedings   court bailiff fees   manifestly inexpedient initiation of enforcement proceedings


The objective of the article is to analyse the notion of “manifestly inexpedient initiation of enforcement proceedings” contained within Art. 30 of the Act on court bailiff fees and attempt to create a definition. The paper also considers some of the most likely situations in which this might occur, taking into account the nature and goal of a fee that the creditor is being charged with for initiating such proceedings, as well as the objective of the enforcement proceedings as an element of the right to court. The article focuses on critical evaluation of case-law and the views of legal scholars. As a result, it seems appropriate to assume that manifestly inexpedient initiation of enforcement proceedings should be interpreted taking into account mainly the duty of the creditor to exercise due diligence before initiating enforcement proceedings and the level of culpability on the side of the creditor.

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ISSN 0137-1134



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Copyright by Wydawnictwo Uniwersytetu Wrocławskiego sp. z o.o., Wrocław 2022   Copyright by CNS

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