Egzekucja na podstawie orzeczenia sądu wydanego na skutek rozpoznania skargi pauliańskiej – zagadnienia wybrane

On June 16, 2021, the Supreme Court, composed of seven judges, issued an extremely important resolution (III CZP 60/19, OSNC 2021 No. 10, item 62, p. 19), which the subject was to resolve the issue concerning the position of the paulian creditor, for which there was a ban on selling or encumbering the property, which had a significant impact on judicial enforcement, because a pauliana creditor who has a legally binding judgment with an enforceability clause may attach join the ongoing enforcement proceedings or take part in the division of the sum resulting from the enforcement proceedings execution. At the same time, by amending the Act amending the Act on enforcement proceedings in administration and certain other acts, the legislator introduced new solutions, including: in the scope of satisfying the property benefits obtained as a result of a legal action to the detriment of the creditor. The author analyzes the above changes, which significantly affect the position of the pauliana creditor and at the same time introduce changes in this respect, both in judicial enforcement and administrative enforcement. Keywords: administrative enforcement, act on enforcement proceedings in administration, actio pauliana, creditor pauliana, harm to creditors