Tytuły wykonawcze w postępowaniu nieprocesowym
This paper presents the issue of enforcement titles in non-contentious proceedings. It briefly outlines the concept of an enforcement title and its importance for enforcement, as well as the types of enforcement titles in non-contentious proceedings. Among the enforcement titles arising only in non-contentious proceedings, three groups of titles are distinguished: titles issued by the court exclusively in these proceedings, consisting of an enforcement order and an writ of enforcement (Article 776, second sentence, of the Code of Civil Procedure); titles issued by the court exclusively in non-contentious proceedings that do not meet these criteria, so-called special enforcement titles, i.e., enforcement orders within the meaning of Article 777 § 1 of the Code of Civil Procedure, which constitute a stand-alone basis for enforcement without the issuance of an writ of enforcement; and enforcement titles that meet the criteria of Article 777 § 1 of the Code of Civil Procedure. 776, second sentence, of the Code of Civil Procedure, but are subject to enforcement through administrative enforcement procedures. Individual enforcement titles issued only in non-contentious proceedings are discussed in separate sections, indicating the enforcement proceedings in which they are enforced. Keywords: enforcement title, enforcement order, non-contentious proceedings, basis for enforcement, writ of enforcement, special enforcement title, judicial enforcement, administrative enforcement
Authors
- Robert Kulski (ORCID: https://orcid.org/0000-0003-3967-3985)
Publication Details
- Journal
- Przegląd Prawa Egzekucyjnego.
- Published
- 2025-09-19
- DOI
- https://doi.org/10.62627/ppe.2025.023
- Primary Topic
- Accounting Theory and Financial Reporting
- Type
- article
- Field-Weighted Citation Impact
- 0.00