Doręczenie korespondencji pozwanemu przez komornika sądowego. Zagadnienia wybrane. Problemy praktyczne

• Authors: Szachta Joanna

Title variants

EN

Servicing of Court Correspondence to the Defendant by the Court Bailiff. Selected Issues and Practical Problems

• Languages of publication: PL

Abstracts

EN

Introduced in 2019 art. 139 1of the Polish Code of Civil Procedure is a significant novelty, since such a solution has never been applied in a civil procedure before. The article points out how the regulation would affect the delivery of a document by a court bailiff. Attention is drawn to the amount of the fee and the contradic- tion between the statutory deadline for delivery by the enforcement authority and the statutory deadline for payment. The regulation determines the perfor- mance of service by the bailiff and the activities in the event of an unsuccessful service of documents to the defendant’s address. The proposal raises problems resulting from the new regulation, including a wide group of persons who may be authorised by the bailiff to perform the service. The regulation sets require- ments which should be met by those to be authorised by the bailiff to perform the service. Attention is paid to the circumstances where it is not possible for the bailiff to determine the whereabouts of the defendant; the article also considers whether the bailiff may obtain information on the defendant’s address from other proceedings in progress. It points out that the new regulation would lead to the extension of the examination procedure. The proposed wording of the provisions on service is formulated. The proposal includes establishing a database of cor- respondence addresses of adult citizens in order to accelerate proceedings and to eliminate the cause of failures of service.

Keywords

EN

civil procedure; delivery; bailiff; fact-finding proceedings

• Publisher: Uniwersytet Jagielloński. Fundacja Utriusque Iuris
• Journal: Forum Prawnicze
• Year: 2019
• Issue: 6 (56)
• Pages: 45–54

Contributors

author

Szachta Joanna

• Instytut Nauk Prawnych Polskiej Akademii Nauk