Controversy on Protocol of Factual Circumstances Drawn up by Court Enforcement Officer Cover Image

Kontrowersje wokół instytucji protokołu stanu faktycznego sporządzanego przez komornika
Controversy on Protocol of Factual Circumstances Drawn up by Court Enforcement Officer

Author(s): Agata Drabek
Subject(s): Civil Law, Law on Economics
Published by: Społeczna Akademia Nauk
Keywords: civil procedure; protocol of factual circumstances; court enforcement officer; powers of court enforcement officer

Summary/Abstract: Regulation concerning protocol of factual circumstances drawn up by court enforcement officer was introduced into Polish legal system in 1997 and was based on French legislation. However, the regulation still provokes doubts. The questions have arisen not only on theoretical ground but they also concern particular practical matters. This paper aims to shed some light on these issues. Firstly, it defines aforementioned legal institution drawing attention to its scope. Furthermore, it presents and discusses different views about powers of court enforcement officer with respect to drawing up the protocol of factual circumstances and legitimate entities to initiate described procedure.

  • Issue Year: 18/2017
  • Issue No: 2.1
  • Page Range: 161-173
  • Page Count: 13
  • Language: Polish