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
- Józef Jagieła (ORCID: https://orcid.org/0000-0001-9103-5185)
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