Abstract

This principle is regulated in Art. 730¹ § 3 of the Code of Civil Procedure. Pursuant to that provision, when choosing the method of security the court shall take into consideration the interests of the parties or participants to the proceedings insomuch as it is necessary to ensure adequate legal protection for the obligee without excessively burdening the obligor. However, this principle, analysed in the article, should apply not only to choosing the method of security, but also at every stage of the proceedings to secure claims, including the decision to reverse or change security and the decision of the second instance court as a result of obligor’s appeal. This principle should also be taken into account when enforcing the decision to award security. It seems there is a need to modify the regulation of this principle in Art. 730¹ § 3 of the Code of Civil Procedure and replace the phrase “when choosing the method of security” with the phrase “when deciding on security”.