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EXECUTION FROM WORK REMUNERATION AS ONE OF THE WAYS OF EXECUTING MONEY BENEFITS

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Leszczynska K.

Myśl Ekonomiczna i Prawna

2006

issue 3(14)

129-172

The aim of the paper is to outline the major doctrinal problems which can be distinguished in the whole of regulations of the civil code concerning the execution from work remuneration and to indicate some of the difficulties which arise when these regulations are implemented. Having analysed the civil code and the labour code provisions as well as the bill of court debt collectors and execution, the authoress shows inefficiency of a lot of legal solutions included in the rulings of the Supreme Court concerning the execution from work remuneration. She recommends some changes by which not submitting an employment certificate confirming a debtor's previous debts would not be possible. The authoress also presents solutions concerning the protection of an indebted employee's personal data. A change in the regulations could cause a significant improvement in execution proceedings. The change should lead to enabling a debt collector to distrain the whole income of a debtor by one act with a simultaneous application of the existing regulations, i.e. work remuneration would be subject to execution according to the provisions of article 880 of the civil code and the remaining income would be subject to execution from other receivables (article 895 of the civil code).

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1 Myśl Ekonomiczna i Prawna

1 Leszczynska K.

1 2006

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EXECUTION FROM WORK REMUNERATION AS ONE OF THE WAYS OF EXECUTING MONEY BENEFITS