Monitor Prawniczy

no. 24/2017

The „obliged”in the coercing proceedings carried out by the registration court

Rafał Skowron
Autor jest asesorem sądowym w Sądzie Rejonowym w Brzozowie.
Abstract

The Act on the National Court Register of 20 August 1997 makes it obligatory for registration courts to ensure that the entities entered in the National Court Register perform their statutory duties correctly and on time. This end is served by the „coercing proceedings” provided for in Art. 24 of the above mentioned Act. One of the parties in those proceedings is the „obliged” to file an application for entry in the Register or the documents the submission of which is obligatory. Should the „obliged” fail to perform those duties in spite of having been called to do so they are fined. Therefore, it is of key importance to define and unequivocally determine the „obliged” within the meaning of Art. 24. The article tries to answer this question basing on the doctrine and views expressed in judicial decisions.