Opłata egzekucyjna w przypadku umorzenia postępowania na wniosek wierzyciela albo na podstawie art. 824 § 1 pkt 4 Kodeksu postępowania cywilnego
Enforcement fee in the event of discontinuance of proceedings at creditor’s request or on the basis of article 824 § 1 section 4 of the Code of Civil Procedure

Summary/Abstract: Enforcement procedure is an important element of every legal system and effective enforcement is the basis of the functioning of every state of law. On January 1, 2019 fundamental sources of enforcement proceedings were introduced into the Polish legal order – Act of February 28, 2018 on bailiff costs. Entry into force of the Regulations led to many changes in the financing of court enforcement in Poland. By the will of the legislator, charging the creditor with the fee has become the rule in case of discontinuation of enforcement proceedings, except for the exceptions indicated in the Act. This article attempts to discuss the rules of debiting of the creditor or debtor with a fee in the event of discontinuance of the proceedings at the request of the creditor or on the basis of the article 824 § 1 section 4 of the Code of Civil Procedure.

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