Polish Law and Legal System
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Abstract
Abstract
Comment on the Supreme Court’s Resolution of the 5 April 2024, III CZP 6/23 Dominik Opęchowski, lawyer, Poland; ORCID: 0009-0006-0765-4236 In accordance with the Supreme Court’s resolution III CZP 6/23, the filing by a creditor of an application for enforcement against a deceased debtor may be classified as enforcement proceedings within the meaning of article 30 of the Act on Bailiff Costs. This provision establishes a penalty mechanism whereby, in the event of the manifestly futile initiation of enforcement proceedings or the identification in the application for enforcement of a person who is not the debtor, the bailiff issues a decision to levy a proportional fee on the creditor amounting to 10 per cent of the sum being enforced. The purpose of this commentary is to address the legal issue relating to the principle of bearing the costs of manifestly futile enforcement proceedings. The principle set out in article 30 of the Act on Bailiff Costs is exceptional in nature and should be interpreted strictly. Nevertheless, in recent years, the Supreme Court has provided several contradictory answers to the question of whether an application should be made to initiate enforcement proceedings against a deceased debtor. Keywords: enforcement proceedings, unreasonable initiation of enforcement proceedings, creditor, bailiff fees, enforcement costs
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@article{Opchowski2026Glosa,
title = {Glosa do uchwały Sądu Najwyższego z dnia 5 kwietnia 2024 r., III CZP 6/23},
author = {Dominik Opęchowski},
journal = {Przegląd Prawa Egzekucyjnego},
year = {2026},
doi = {10.62627/ppe.2026.026},
url = {https://doi.org/10.62627/ppe.2026.026}
}FAQ
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