Abstract

The article discusses the issue of the legitimacy of a new creditor to obtain another copy of the executory document issued to their predecessor. This issue is of paramount practical importance after the amendments introduced on 8 September 2016 and 21 August 2019, since when as a rule enforcement is carried out for the new creditor without the need to re-issue the executive title originating under Art. 788 § 1 of the Code of Civil Procedure. The Code of Civil Procedure does not exclude carrying out for the creditor – if there is a need referred to in Art. 793 of the Code – more than one enforcement (e.g. against other assets of the debtor) or until the enforcing creditor obtains an entry of compulsory mortgage against the debtor’s real property. Therefore, it has been analysed whether in case such a need arises in a situation when the new creditor is already carrying out enforcement under the executive title of their predecessor that creditor should secure a new executive title under Art. 788 § 1 of the Code of Civil Procedure or may seek to acquire another copy of the executive title issued earlier for the original creditor (under Art. 793 of the Code of Civil Procedure).