Stosunek postępowania nieprocesowego do sądowego postępowania egzekucyjnego

Non-Contentious proceedings and enforcement proceedings are two different types of civil procedures which differ in terms of goals and functions. Each of such proceedings is based, however, on certain general assumptions and principles characteristic not only for civil procedural law, but for the system of law in general, as well. This is not without impact on the interpretation of regulations concerning such proceedings. The first part of the article presents normative relations between those proceedings, resulting mainly from the common regulation of the Civil Procedure Code. Then, it pays attention to objective and subjective differences. The court’s enforceable rulings issued in non-contentious proceedings may be enforcable through court execution (e.g. ordered reimbursement of costs of proceedings) or otherwise, usually at the last phase of non-contentious proceedings, which is defined as enforcement procedures in the doctrine. As a rule the proceedings are conducted by a bailiff. The bailiff acts as a trial, and not an enforcement, authority. Keywords: non-contentious proceeding, enforcement proceedings, court enforcement, execution proceedings, court, bailiff