PLMET:

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Title:

Anti-executory opposition proceeding of art. 840 c.c.p. – legal nature, tasks and objective

Subject and Keywords:

executory law   article 840 c.c.p.   opposition proceeding   executory title   enforceable title

Description:

The subject of the article is an anti-executory opposition proceeding of article 840, Code of civil procedure (hereinafter c.c.p.). In the process of analyzing this institution, I will try to discuss its legal nature along with the purpose and functions as well as answer the question whether the institution meets the requirements imposed on it and thus constitutes a form of legally protected implementation of the law so as to enable the claimant to protect his or her rights. I will also try to put forward some of the postulates of de lege ferenda which, in my view, may improve the effectiveness and reliability of the court action in terms of adjudicating the proceeding. It is also essential to familiarize oneself with the issues raised by the institution, as the case itself is not a matter of an executory case, understood as a type of civil action related to the stage of civil proceedings. It is a nondependent action, the essence of which is to shape the law referred to the enforceable title following the legal basis of article 840 c.c.p. The characteristic of the opposition proceeding is the fact that it is at the junction of procedural and substantive law norms, and acts in the borderland with the validity in law.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Date issued:

2017

Detailed Type:

journal

Identifier:

ISSN 2450-3932

Language:

pol   eng

WUL Catalog:

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Is part of:

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Is referenced by:

www.fiw.prawo.uni.wroc.pl

Replaces:

Folia Iuridica Wratislaviensis

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 Marek Zaprzaluk

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdjm   TK