Zmiany w postępowaniu o podział sumy uzyskanej z egzekucji – uwagi wybrane

On the basis of the amendment to the Civil Procedure Code, which is enforced by the act of 9 March 2023, the proceedings concerning the allocation of an amount obtained as a result of the enforcement proceedings have been reformed substantially. The purpose of this article is to assess selected aspects of the amendment. The author analyses a change in the sequence of debt repayment with the amount obtained as a result of the enforcement proceedings by presenting major reservations arising from the present text of the regulations on the “emergency fund” (Art. 1025 § 1.2(1), § 3(2), § 7–8 of the Civil Procedure Code). The article also discusses the regulations on actions for a negative declaration referred to in Art. 1028 § 4 of the Civil Procedure Code, and the structure of the supplementary allocation plan (Art. 1028(1) of the Civil Procedure Code). It presents an opinion in the existing doctrine of a discussion on the new shape of allocation proceedings. The article uses a dogmatic and legal research method. Keywords: enforcement proceedings, mortgage, amendment, allocation plan, maintenance