Abstract

The article described the institution of a representative for a debtor whose place of stay is unknown appointed by the court in the situation whereby in the course of the bankruptcy proceedings the court bailiff is unable to serve on the debtor. First, the distinction between enforcement proceedings and enforcement as such is clarified. The, presented are the prerequisites for appointing a representative for a debtor whose place of stay is unknown and the authority competent to appoint a representative for a debtor in a situation when the debtor is unable to receive the correspondence addressed to them. An extremely important issue discussed in the context of this article is the problem of the fee to be paid for a relevant application in accordance with Art. 802 of the Code of Civil Procedure. Further on, described are the consequences of the appointment of a representative as well as the issue of the representative’s remuneration, which in practice is frequently the cause of doctrinal disputes given the fact that the aspect of increasing the remuneration by the VAT amount has not been lucidly regulated. Finally, the article describes what happens when no appropriate application for the appointment of a representative in the course of the enforcement proceedings has been filed.