Abstract

The article covers the issue of charging the creditor with the enforcement fee, which may be standing or relative. The article explains the notion of enforcement costs divided into expenses and fees, and also presents the prerequisites for charging the creditor with the fee. It also outlines main interpretational problems connected, inter alia, with the definition of obvious futility of initiating enforcement proceedings as well as the problem concerning the application of Art. 29.1 of the Act on enforcement costs in proceedings discontinued under Art. 823 of the Code of Civil Procedure. Moreover, it outlines practical application of Art. 29.1 of the Act on enforcement costs in case of a settlement concluded with the debtor. The article describes the requirements for charging the creditor with the standing fee in the amount of PLN 150,000 and enumerates the prerequisites for exclusion of certain category of entities from the obligation to pay it.