Abstract

As a result of the difficulties suffered by the global economy over the past few years, of all civil procedure institutions the interest in enforcement proceedings and proceedings to secure claims has been growing. Proceedings to secure claims constitutes one of the forms of so-called provisional legal protection which is aimed at preventing a situation, whereby it is difficult or outright impossible for the creditor to enforce a final verdict, by issuing an order to provide security guaranteeing execution of a court verdict which will be passed in the future and which will specify the exact amount of the claim. What is particularly important is that – contrary to a widespread belief – the procedure is not a part of enforcement proceedings, but merely a means to expedite them. Therefore, it is to be classifies a independent civil procedure ancillary to examination proceedings. What is equally important, the procedure is functionally and structurally separate. Its functional separateness is manifested by the separateness of the function of the proceedings to secure claim, which consists in providing legal protection of a provisional nature. Its structural separateness if reflected in the fact that although the proceedings to secure claim are frequently carried out in the framework of the examination proceedings, but are fully distinct from the latter.