Abstract

In this gloss, the author shares the position, as to the substance, of the Supreme Court presented in its Resolution of 17 December 2010 (III CZP 93/10). It boils down to assuming that if enforcement proceedings are discontinued due to the debtor’s lack of judicial capacity (Art. 824 § 1.2 of the Code of Civil Proceedings), which existed already at the time when the enforcement motion was submitted, the bailiff shall not charge any enforcement fee from the creditor. In the author’s opinion, attention should be turned primarily to Art. 49.5 of the Act of 29 August 1997 on court bailiffs and enforcement. Considering the explicitness of that the provision, any attempt at interpreting it so as to allow the bailiff to charge the enforcement fee from the creditor in this situation is totally unauthorized.