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Alternative title:

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

Abstract:

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.

Date issued:

2022

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0137-1134

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

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

Autor opisu:

WR U/PAdks