Zbieg egzekucji i zabezpieczenia roszczeń

The confluence of enforcement proceedings and injunctive relief, as well as the confluence of injunctive relief in civil proceedings have not been regulated in principal. As there are more and more problems arising at the confluence of enforcement proceedings and injunction reliefs, the act of 9 March 2023 on amendments to the act on enforcement proceedings in public administration and certain other acts (Journal of Laws No 2023.556, as amended) regulates the confluence of administrative enforcement proceedings and injunctive relief, the confluence of administrative security and judicial enforcement proceedings (Art. 775 of the Code of Civil Procedure), and the confluence of judicial enforcement proceedings involving injunction relief and injunction reliefs (Art. 773(1) § 3(1), § 3(2) of the Code of Civil Procedure). This article discusses the regulations set out in the act to the extent specified herein, as well as related interpretation problems as a result of which various solutions at the confluence of enforcement proceedings and injunction relief and the confluence of different securities are likely to be applied. The comments are not limited to the discussion of problematic issues, but included proposals of rational solutions, as well.

Authors

Publication Details

Journal
Przegląd Prawa Egzekucyjnego.
Published
2024-09-27
DOI
https://doi.org/10.62627/ppe.2024.019
Primary Topic
Polish Law and Legal System
Type
article
Field-Weighted Citation Impact
0.00
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article

Zbieg egzekucji i zabezpieczenia roszczeń

Józef Jagieła
Przegląd Prawa Egzekucyjnego.
Polish Law and Legal System
article

Zbieg egzekucji i zabezpieczenia roszczeń

Józef Jagieła
article en

Abstract

The confluence of enforcement proceedings and injunctive relief, as well as the confluence of injunctive relief in civil proceedings have not been regulated in principal. As there are more and more problems arising at the confluence of enforcement proceedings and injunction reliefs, the act of 9 March 2023 on amendments to the act on enforcement proceedings in public administration and certain other acts (Journal of Laws No 2023.556, as amended) regulates the confluence of administrative enforcement proceedings and injunctive relief, the confluence of administrative security and judicial enforcement proceedings (Art. 775 of the Code of Civil Procedure), and the confluence of judicial enforcement proceedings involving injunction relief and injunction reliefs (Art. 773(1) § 3(1), § 3(2) of the Code of Civil Procedure). This article discusses the regulations set out in the act to the extent specified herein, as well as related interpretation problems as a result of which various solutions at the confluence of enforcement proceedings and injunction relief and the confluence of different securities are likely to be applied. The comments are not limited to the discussion of problematic issues, but included proposals of rational solutions, as well.

Przegląd Prawa Egzekucyjnego.Vol. 2024(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Polish Law and Legal System
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