Abstract

The purpose of the civil court enforcement proceedings is to enforce the rights established or determined in the examination proceedings. Therefore, the optimum solution would be if the need to initiate it was as rare as possible. Unfortunately, the “slowdown” of the world economy, wich affects the economic situation in Poland, makes one look with special attention at the institutions enabling enforcement of obligations. Enforcement against real property is one of the most important methods thereof. On the one hand, its significance is demonstrated by the functions that real property plays in the free market economy, and on the other, the nature of human needs that real property satisfies. The way in which enforcement against real property has been shaped, as well as its judicial supervision requires that the legislator maintains a balance between ensuring adequate protection for both parties under the enforcement proceedings. The need to protect the debtor is obvious, which results from the considerable powers of the bailiff in the course of enforcement. However, the interest of the creditor, who is fully entitled to expect from the state of the rule of law adequate assistance in efficient and as fast as possible eforcement of claims covered by the writs must not be ignored.