Monitor Prawniczy

no. 9/2023

Changing judicial enforcement of a claim by a declaration requesting redress of the consequences of infringement of personal interests

Józef Jagieła
prof. UŁ, Katedra Postępowania Cywilnego II WPiA Uniwersytetu Łódzkiego.
Abstract

The article discusses changes introduced by the Act of 9 March 2023 amending the Code of Civil Procedure and certain other acts (Journal of Laws of 2023, item 614) in enforcement of non-pecuniary performance if the debtor is to submit a declaration of the relevant contents and in a relevant form for redressing the consequence of infringement of personal interests. First, the character of the act consisting in submission of a declaration needed to redress the consequence of infringement of personal interests has been discussed. Then, the changes as to the method of enforcement if the debtor fails to submit a declaration despite having been obliged to do so, introduced by the Act of 9 March 2023 (Art. 1050 § 4 of the Code of Civil Procedure), have been presented. The last part of the article presents an evaluation of those changes, mainly from the practical viewpoint.

Keywords
enforcement of non-substitutive acts, protection of personal interests, declaration, fine, announcement in the Court and Commercial Gazette