Prawa małżonka zobowiązanego w administracyjnym postępowaniu egzekucyjnym
Rights of the Spouse of the Debtor in Administrative Enforcement Proceedings

Summary/Abstract: Common law provisions may allow for the conduct of administrative enforcement proceedings against a debtor who is a natural person, targeting not only their personal property but also the joint property owned by them and their spouse. These legal regulations demonstrate that although the obligee’s spouse is not formally responsible for fulfilling the obligation, they may, in practice, be held liable for obligations that are not their own if administrative enforcement targets common assets. This situation poses a risk for the spouse, who is not formally responsible for the obligation, was not a party to the proceedings in which the obligation was imposed, and whose legal interests may be harmed by the loss of joint assets. Since 2019, the Polish legislator has been gradually introducing legal protections for the spouse of the obligor, including the right to information, the right to object, and the possibility to exercise certain rights of the obligated spouse. While this protection is fully justified, the imperfection of the legal regulations causes practical difficulties and raises many doubts regarding its application.

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