Monitor Prawniczy
no. 19/2022
Challenging decisions in enforcement proceedings
DOI: 10.32027/MOP.22.19.5
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego; ORCID: 0000-0003-2896-818X.
Abstract
In its resolution of 13 April 2022, III CZP 85/22, the Supreme Court held that the submission of a request for a statement of reasons and the delivery of the decision and the statement of reasons was not a prerequisite for admissibility of a complaint against the decision referred to in Art. 766(1) § 1 of the Civil Code of Procedure. This applies in particular to decisions made in closed court.Thus, it was found that special rules applied to enforcement proceedings and, consequently, filing a request for the delivery of the decision and the statement of reasons was not a condition for admissibility of a complaint. Different regulations in that regard apply to complaints against decisions made during examination proceedings.