The influence of the Act of 22 March 2018 about Bailiffs on amendments to the Code of Civil Procedure regarding execution from remuneration for work Cover Image

The influence of the Act of 22 March 2018 about Bailiffs on amendments to the Code of Civil Procedure regarding execution from remuneration for work
The influence of the Act of 22 March 2018 about Bailiffs on amendments to the Code of Civil Procedure regarding execution from remuneration for work

Author(s): Damian Kuchta
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: execution; remuneration; labour; civil procedure code; bailiff

Summary/Abstract: The aim of this paper is to present the general issue of execution from remuneration for work and, in particular, the impact that the Act of 22 March 2018 on bailiffs had on changes in the Code of Civil Procedure. The paper uses the methods of critical analysis of sources and systematic review. So far, there has been no doubt that individuals employed under civil-law contracts are in a much worse situation than those employed under employment contracts. For this reason, the legislature wanted to protect them from execution, hence the introduction of a means to make their situation equal in Article 833 § 21 of the Code of Civil Procedure. Despite the good intentions of the legislature, this provision still raises doubts over the wording: ‘ensuring livelihood’. For this reason, the application of new provisions that limit the execution of recurring benefits aimed at ensuring subsistence – other than remuneration for work – requires appropriate action.

  • Issue Year: 2020
  • Issue No: 29 (1)
  • Page Range: 73-85
  • Page Count: 13
  • Language: English