Zastosowanie art. 44(2) Kodeksu postępowania cywilnego w postępowaniu o nadanie klauzuli wykonalności

Authors:

• Marcin Wacław Walasik

Abstract

The article explains the rules for applying Art. 44(2) of the Polish Code of Civil Procedure in the procedure for having an enforcement clause awarded. It is assumed that this provision applies to the proceedings, if the writ of execution includes a consideration due from or to the State Treasury, which is connected with the activity of a court having territorial jurisdiction (Article 781 § 1 and 2 of the Polish Code of Civil Procedure) or a superior court or an organ of such courts which is authorized to represent the State Treasury in legal proceedings. Such a situation may arise when the enforcement order does not come from a court or court clerk or was issued in proceedings in which the case was not transferred pursuant to art. 44(2) of the Polish Code of Civil Procedure. However, this provision should not be applied in the event of an ex officio awarding of an enforcement clause to the writ of execution covering court costs in civil or criminal matters.