Abstract

The article analyses the proceedings for enforcement of the judgement allowing to sell premises according to Art. 16 of the Act on ownership of premises. The author believes that the sale constitutes an action other than enforcement, delegated to the bailiff under separate regulations. Premises are sold by auction in accordance with the regulation on enforcement against real property. Therefore, it has been recognized that the provisions of Art. 921–1003 of the Code of Civil Procedure shall be applicable to the said proceedings only to the extent necessary to enforce the judgement. The stage of description and valuation of the premises, its auction sale, adjudication of ownership to the highest bidder, remain the same in the proceedings. Moreover, also the provisions concerning planned distribution of the enforced amount shall be applied accordingly when there is no other judgement which would realize procedural meaning of a distribution plan. A key issue analysed in the article is also the question of remuneration due to the bailiff for carrying out the auction sale of the premises. The author concluded that the bailiff should charge a fixed rate of 3% of an average monthly wage for each started hour of the activity as for the performance of actions other than enforcement provided for in the applicable laws.