Rozwiązanie zbiegu egzekucji sądowych – uwagi na tle stosowania art. 773(1) § 2 k.p.c.

The subject of the article includes the issue of resolving the overlap of judicial enforcements under Article 773(1) § 2 of the Code of Civil Procedure. This issue was analyzed in the context of two fundamental problems that arise in the practice of applying this regulation, which concern the priority of overlapping enforcements and the scope of referring the enforcement case in the event of an overlap. As derives from the considerations of this paper, overlapping judicial enforcements against the same asset of the debtor are taken over for further joint conduct by the court enforcement officer who first initiated the enforcement, i.e. the one who first seized this asset. The time of initiation of the enforcement proceedings, covering the overlapping enforcements, is irrelevant in this respect. When judicial enforcements overlap further enforcement should be taken over by the competent court enforcement officer but only as to a specific method of enforcement covered by the overlap, while enforcement from debtor’s assets not covered by the overlap is continued by the existing court enforcement officer. Keywords: enforcement, enforcement proceedings, concurrent enforcements, enforcement authority, court enforcement officer, priority of overlapping enforcements, referring the enforcement case