Abstract

The subject of the study are the essential problems arising from the fact that the declarations of submission to enforcement, made in the form of a notarial deed referred to in Art. 777 § 1.5 of the Code of Civil Procedure, enumerate the events on which the creditor’s performance of the obligation to issue a call for payment to the debtor depends. In view of the fact that the confirmation of the dispatch of a registered letter is an official document, thus meeting the evidentiary requirements of Art. 786 of the Code of Civil Procedure, the reservation that the call be treated as an event referred to in Art. 777 § 1.5 of the Code of Civil Proceedings is a very common solution. Nevertheless, a significant proportion of applications for granting this type of notarial deed an enforceability clause are not taken into account due to various defects in the declarations and the applications themselves. The study analyses the most common problems related thereto - the issue of the designated operator and the type of letter, the confirmation of which is an official document, the evidentiary power of confirmation of dispatch and printout from the postal operator’s tracking system, the need to make a call in the form described in Art. 786 of the Code of Civil Procedure, and finally - the scope of the court’s cognition when granting an enforceability clause to the orders in question.