Monitor Prawniczy
no. 1/2023
Crediotr protection under Art. 59 of the Civil Code
prof. WSPiA Rzeszowskiej Szkoły Wyższej w Rzeszowie w Katedrze Prawa Cywilnego i Prawa Pracy, Sędzia Sądu Okręgowego w Tarnobrzegu.
Abstract
The glossed judgment of the Supreme Court of 12 May 2021, IV CSKP 33/21, refers to the issue of creditor protection under Art. 59 of the Civil Code regulating a complaint for recognition of a contract as ineffective, the performance of which makes it wholly or partially impossible to satisfy a third party’s claim. A legal solution of this type appeared already in the Middle Ages under the name of ius ad rem (right to things). It was introduced to Poland as late as in 1965 via the Civil Code. In literature, the usefulness and independent function of this legal construction are justifiably pointed out.
Keywords
complaint under Art. 59 of the Civil Code, conclusion of a contract, the performance of which makes it wholly or partially impossible to satisfy a third party’s claim, relative ineffectiveness, prescribed claim
