Abstract

The gloss is a commentary to the Supreme Court judgment of 4 December 2013 (ref. no. III CZP 85/13) concerning the possibility of refusing to append an enforcement clause to the enforcement order obtained by an alleged creditor in collusion with the debtor to disadvantage the actual creditors. Despite non-existence of explicit legal grounds for such refusal the court should not accept an enforcement order (in a form of a notarial deed) aimed at circumvention of law. The refusal to append an enforcement clause shall apply to all extrajudicial enforcement orders obtained in fraud of law because of no prior judicial control of these orders.