O konieczności dokonania nowego opisu i oszacowania po ponownym wszczęciu egzekucji z nieruchomości – krótka analiza i ocena przepisu art. 948 § 1(1) k.p.c.

In the event there is no buyer for a real estate that is put for sale during the judicial enforcement proceedings and, after the second ineffective auction, none of creditors has taken ownership of that real estate, the enforcement proceedings are discontinued (Art. 985 § 1 of the Civil Procedure Code). Some of creditors file a request for the resumption of enforcement proceedings in relation to the same real estate. Upon the resumption of the enforcement proceedings, a bailiff takes actions to sell the real estate, subject, however, to Art. 948 § 1(1) of the Civil Procedure Code. This article refers to the original content of Art. 948 § 1(1) of the Civil Procedure Code, which was in force till 30 June 2023, and points out the premises that the legislator has taken into account while amending the regulation. The article also discusses the present wording of this regulation. It turns the reader’s attention to certain problems arising upon the resumption of enforcement against real estate whose valuation has been already prepared. Such problems appear in particular if neither a debtor nor a creditor file a request for re-valuation. Difficulties arising with the lapse of time may be caused by changes in the state of the real estate or Art. 156.3 of the real estate management act.Some of creditors file a request for the resumption of enforcement proceedings in relation to the same real estate. Upon the resumption of the enforcement proceedings, a bailiff takes actions to sell the real estate, subject, however, to Art. 948 § 1(1) of the Civil Procedure Code. Keywords: enforcement, enforcement proceedings, bailiff, judicial enforcement against real estate, resumption of enforcement against real estate, new description and valuation, valuation report