Monitor Prawniczy
no. 5/2023
Satisfaction of court costs claims of the State Treasury in civil cases
Autor jest profesorem uczelni w Katedrze Postępowania Cywilnego I WPiA Uniwersytetu Łódzkiego.
Abstract
The presented study discusses the concept of court costs in civil cases and then the issue of court costs claims of the State Treasury against the parties of and other participants in civil proceedings, as well the course of enforcement of those claims. Doubts are aroused by the current organisational model of the enforcement procedure within the court structure, a consequence of which is poor efficiency of the proceedings. In addition, interpretational doubts are aroused by the legal regulation of the issue, in particular Art. 113.2.1 of the Act on Court Costs in Civil Cases as to who is the debtor as regards the court costs enforceable against the adjudicated claim and whether court costs may be enforced also against the property other than the adjudicated claims. Therefore it seems fully justified for the lawmaker to interfere into the issue of enforcement of court cost claims of the State Treasury in civil cases.