The Law Of 17 November 1964, The Code Of Civil Procedure

Original Language Title: USTAWA z dnia 17 listopada 1964 r. Kodeks postępowania cywilnego

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PRELIMINARY TITLE General provisions Art. 1. the [scope] [1] the code of civil procedure lays down standard proceedings in matters of civil law relations, family and guardianship, and labour law, as well as in social security matters and other matters to which the provisions of this Code shall apply under special laws (civil matters).

Article. 2. [Recognizing Civil Affairs], § 1. To resolve civil cases notified are the ordinary courts, insofar as these matters do not belong to the special courts, and the Supreme Court.

§ 1a. (repealed).

§ 2. (repealed).

§ 3. Are not recognized in judicial civil cases, where specific provisions shall communicate them to the other bodies.

Article. 3. the [obligations of the parties and participants] Parties and parties to the proceedings shall perform procedural acts in accordance with the principles of morality, give explanations as to the circumstances of the case in accordance with the truth and without disguising anything and to present evidence.

Article. 4. (repealed).

Article. 5. [Pouczanie] in the event of justified need, the Court may grant to the parties and the participants in the proceedings in the case without a lawyer, solicitor, patent attorney or the State Attorney General for the State of the necessary teachings as to the procedural steps.

Article. 6. [the speed of proceedings], § 1. The Court should counteract entertained conduct and strive to ensure that the settlement took place at the first meeting, if possible without harming the investigation.

§ 2. The parties and the parties to the proceedings shall on all the facts and evidence without delay to the investigation could be carried out smoothly and quickly.

Article. 7. [powers of Attorney], the Prosecutor may request the opening of proceedings in each case, as well as to participate in any ongoing proceedings already, if, according to its assessment of the protection needs of the rule of law, citizens ' rights or social interest. In matters of family law non attorney can initiated the action only in the cases specified in the Act.

Article. 8. [NGOs] non-governmental organizations, whose statutory task is not about the conduct of a business, may, for the protection of the rights of citizens, in cases provided for by law, instigate and participate in the ongoing investigation.

Article. 9. [Disclosure hearing] § 1. Resolution of issues is done explicitly, unless special provision provides otherwise. The parties and the parties to the proceedings have the right to view the files of the case and receive copies, copies or extracts from such records. The content of the protocols and the writings can also be made available in electronic form through the it system.

§ 2. The parties and the parties to the proceedings have the right to obtain from the case-file record audio or video and audio, unless the Protocol was drawn up exclusively in writing. The President seems like a case of sound recording, if the issue of image and sound record opposes an important public or private interest.

§ 3. If the meeting was held at the door of the closed hand and parties to the proceedings have the right to receive the file with write-only.

Article. 10. [the settlement] in cases where settlement is permissible, the Court seeks in any condition of their amicable settlement, in particular by inducing the parties to mediation.

Article. 11. [the power of criminal judgments] Findings issued in criminal proceedings, a final conviction for committing the offence involve the Court in civil proceedings. However, a person who was not charged, it may be invoked in civil proceedings on any circumstances excluding or limiting its liability.

Article. 12. [redress from crime] property Claims resulting from an offence may be asserted in civil proceedings or in the cases provided for in the law in criminal proceedings.

Article. 13. [recognize] § 1. The Court hears cases in the process, unless the law provides otherwise. In the cases provided for in the Act, the Court recognizes the case under the provisions of separate proceedings.

§ 2. The rules about the process shall apply mutatis mutandis to other types of standardised procedures in this code, unless specific provisions stipulate otherwise.

Article. 14. (repealed).



The FIRST PART of the INVESTIGATION PROCESS and Court TITLE, the FIRST BOOK of the RECONNAISSANCE Department and jurisdiction provision of the initial Article. 15. [the property], § 1. A Court of competent jurisdiction at the time of the filing of the lawsuit remains relevant until the completion of proceedings, even though the base of the properties have changed in the course of the case.

§ 2. The Court may not recognize that it is inappropriate, if the proceedings became competent.



Chapter 1 kind Property Branch 1 the basics of Article Properties. 16. property [District Court] district courts hear all cases except cases for which the copyright is property of the district courts.

Article. 17. property [circuit court] to the jurisdiction of the District include: 1) and has a total of 172 non-physical rights of them asserted a claim to property in addition to the matter of the determination or denial of origin of the child, to establish paternity and recognition of inefficiency for dissolution of adoption;

2) for the protection of copyright and related rights, as well as on inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits and the protection of other rights to intangible property;

3) claims arising out of the press law;

4) about property rights where the value in dispute exceeds seventy-five thousand, in addition to the cases of alimony, for infringement of ownership, for the establishment of a material separation between spouses about agreeing to the content of the land register with the actual state of the law and the cases heard in debt collection proceedings electronically;

41) about the decision to replace the resolution of Division of the cooperative;

42) to set aside, annul or to determine the existence of the resolutions of the bodies of legal persons or organizational units which are not legal persons to whom the law confers legal capacity;

43) of the prevention of and fight against unfair competition;

44) for compensation for damage caused by the release of a final judgment incompatible with the law;

5) (repealed);

6) (repealed).

Article. 18. [referral regional court], § 1. If the diagnosis of the case in the District Court the emergence of legal issue of serious doubts as to the Court may refer the matter to the court districts. Order to transfer case require justification.

§ 2. The District Court may, before the first hearing to refuse to hear the case and return the matter to the District Court, if it considers that there are serious doubts. Order collapses in private session, sitting with three judges and requires justification. To refer the same case by the District Court is not acceptable.



Division 2 the value in dispute Art. 19. [the amount at stake], § 1. In cases of claims on money as reported in exchange of another item, given the amount of money represents the value of the subject matter of the dispute.

§ 2. In other cases the economic reason is obliged to indicate in the application the amount of money the amount at stake, having regard to the provisions contained in the following articles.

Article. 20. [interest, benefits, costs] to the value in dispute does not includes interest, costs and benefits, required next to the principal.

Article. 21. [the investigation claims] if the reason there is a petition claims, counts the number of their value.

Article. 22. [Provide repeated] in cases of the right to benefits of repeated the amount at stake is the sum of the benefits for one year, and if the supply lasts less than a year--all the time.

Article. 23. [the rental, lease] of existence, invalidity or termination of tenancies or tenancies item receipt, the value of the subject matter of the dispute is with the contracts concluded for the duration of the marked-the sum of the rent for the time controversial, but not more than one year; by contracts concluded for an indefinite period is the sum of the rent for a period of three months.

Article. 231. [employees ' Claims relating to, the existence or termination] in cases of claims for employees to make, the existence or termination the amount at stake is, when fixed-term contracts-the sum of remuneration for work for a period of disputed, but not more than a year, and the contracts for an indefinite period is for a period of one year.

Article. 232. [calculation of the value in dispute] to issue a real estate held without legal title or on the basis of title other than the rental or lease value in dispute shall be calculated on the basis according to the type of real estate and how to use it, given by the plaintiff a sum corresponding to a rent be rental or lease reimbursement due shall become forfeit from the type of the property.

Article. 24. [security, pledge, mortgage,] in matters of security, pledge or mortgage the amount at stake is the sum of the claims. However, if the collateral or pledge is less than the value of the claim, adjudicates the value lower.

Article. 25. [Check the value in dispute] 1. The Court may a private session check the value of the subject matter of the dispute marked by the plaintiff and order to this end the investigation.

§ 2. After receipt of the statement of claim can only be made to check on the plea of the defendant, requested before wdaniem in the dispute on the merits of the case.

§ 3. If the Court as a result of the verification of the value in dispute considers to be inappropriate, forward the case to the competent court; If there are several competent courts-passes from them, which will indicate the reason.


Article. 26. [Disable retest] having determined in accordance with the preceding article, the value in dispute not be re-tested in the further course of the proceedings.



Chapter 2 jurisdiction Division 1 General Property Articles. 27. [resident] § 1. An action is brought before the Court of first instance in whose jurisdiction the defendant has a place of residence.

§ 2. Place of residence is determined by the provisions of the civil code.

Article. 28. the [whereabouts] if the defendant is not domiciled in Poland, general jurisdiction is determined according to the place of his stay in Poland, and when it is not known or is not in Poland, according to the last place of residence of the defendant.

Article. 29. [National Headquarters organizational unit] action against the Treasury are filed according to national headquarters organizational unit from which the activity involves the asserted claim.

Article. 30. [the seat of the legal person] an action against a person or other legal entity non-natural person are filed according to their place of abode.



The branch of commutative Property 2, Art. 31. [Rule] Action in matters covered by the provisions of this Division take you can be under the provisions of the general jurisdiction, or in the courts for marked in the rules below.

Article. 32. [maintenance claims, to determine the origin of the child] an action for maintenance claim and to determine the origin of the child and related claim can be brought according to the place of residence of the person entitled.

Article. 33. [the claim against OU] an action for financial claim against a trader can be brought before the Court in whose jurisdiction is located the main plant or branch, if the claim remains in connection with the establishment or branch.

Article. 34. [Claims from contracts] an action for the conclusion of the agreement, determine its content, to amend the agreement and to establish the existence of a contract, its execution, termination or invalidity, as well as for damages due to non-performance or improper performance of the contract may be brought in the courts for the place of its execution. In case of doubt, the place of performance of the contract should be identified.

Article. 35. [the claim of tort] an action for tort claim can be brought before the Court in whose district the harmful event has occurred.

Article. 36. [Remuneration of the representative] an action for payment of charges for the conduct of the case can be brought before the courts for the place where the agent working the case ran.

Article. 37. [Letting, rental real estate] an action for a claim with respect to lease or rental property bring you before the Court of the location of the property.

Article. 371. [action against the principal of Bill of Exchange or cheque] § 1. Action against the principal of Bill of Exchange or cheque can be brought in the courts for the place of payment.

§ 2. Several required with Bill or cheque can be together to sue in the courts for the place of payment or a Court of general jurisdiction for the merchant or the issuer promissory note or cheque.



Branch 3 exclusive Property Art. 38. [Rights in rem in immovable property] § 1. An action for ownership or other rights in rem in immovable property, as well as an action for possession of real estate can be brought only in the courts for the place of its location. If the subject of the dispute is Covenant land, the property shall be according to the position of properties loaded.

§ 2. This property extends to claim personal and factual rights brought together with them against the same defendant.

Article. 39. [Dips] an action in respect of the reserved portion of inheritance, as well as in respect of the entry of the command, and the other is brought before a court only testamentary rozrządzeń last place of habitual residence of decedent, and if his place of habitual residence in Poland can not be determined in the courts for the place where the estate or part of the inheritance.

Article. 40. [Membership] of the Action against the cooperative membership, company or association are filed solely according to their place of abode.

Article. 41. [an action with relative marriages] Brought with relative marriages are filed only before the Court in whose district the spouses had their last place of residence, if one of them in the District still has a place of residence or habitual residence. In the absence of such grounds, the competent court is the only place of residence of the defendant, and if the base is not, the Court of the place of residence of the plaintiff.

Article. 42. [Parents and children] Action with the relationship between parents and children and between an adoptive parent and Embassy service are filed solely in the courts of the place of residence of the claimant, if there are no grounds for action under the provisions of the general jurisdiction.



A branch of the specific provisions of article 4. 43. [choice of court by the plaintiff] § 1. If the property is justified by several courts or if an action is brought against several persons, for which according to the provisions of the general jurisdiction of the competent courts are different, the choice between these courts belongs to the plaintiff.

§ 2. The same applies if the property for which the location is the basis for the determination of the jurisdiction of the Court, is located in several judicial districts.

Article. 44. [the designation of another court] If a Court of competent jurisdiction may not because of obstacles to recognize or take another action, the Court postponed it shall designate a court in private session.

Article. 45. [the designation of the competent court] If in accordance with the provisions of the code cannot be based on the circumstances of the case to determine jurisdiction, the Supreme Court in private session marks the Court should take action.

Article. 46. [Conventional property] § 1. The parties may agree in writing of the submission to the Court of first instance, which, according to the law it is not topical, dispute or disputes resulting in the future which already result from falling over. The Court will then only, unless the parties have agreed otherwise, or if the plaintiff has not filed a statement of claim in the electronic debt collection proceedings. The parties may also limit the written agreement of the claimant's right to choose between several competent courts for such disputes.

§ 2. The parties may, however, change the properties of the sole.



TITLE II Composition of the Court Art. 47. [Composition], § 1. In the first instance, the Court hears cases in the composition of one judge, unless otherwise provided by special provision.

§ 2. In the first instance court in the single judge as Chairman and two aldermen recognize: 1) from the scope of labour law: a) the determination of the existence of, or termination of the employment relationship, for the recognition of the nullity of termination of the employment relationship, to restore to work and restore the previous working conditions or pay, and together with them, asserted claims and compensation in the event of unjustified or the offending provisions of notice and termination , b) infringement of the principle of equal treatment in employment and claims associated with it, c) damages or remedies as a result of the application of mobbing;

2) family relationships: a) divorce, b), c) separation to determine nullity of recognition of paternity, d) solution adoption.

§ 3. The provisions outside the hearing and order it seems.

§ 4. The President of the Court may order the diagnosis of cases, sitting with three judges, if it considers it advisable, due to the particular complexity or ' test case ' nature of the case.

Article. 471. [By the Court] judicial legal Secretary can perform actions in civil proceedings in the cases specified in the Act. Within the scope of the tasks entrusted to him by the competence of the Court is judicial activities unless the law provides otherwise.



SECTION III to exclude judge Art. 48. [exclusion of a judge under the Act], § 1. The judge is disabled by virtue of the same Act: 1) in the cases in which it is a party or remains of one of the parties in such a legal relationship that the outcome of the case temperature of its rights or obligations;

2) in matters of his or her spouse, relatives or powinowatych in a straight line, relatives to the fourth degree and side powinowatych side up to the second degree;

3) in cases of persons related by virtue of adoption, custody or guardianship;

4) in cases in which it was or is still a delegate or was a legal advisor of one of the parties;

5) [2] in cases where in the instance of a lower took part in the release of the contested judgment, as in the cases of the validity of the instrument issued by him or with his participation recognized and in cases in which he appeared as a Prosecutor;

6) in cases of compensation for damage caused by the release of a final judgment inconsistent with the law, where he took part in the release of this decision.

§ 2. The reasons for the exclusion are underway after the cessation of justifying them marriage, adoption, custody or guardianship.

§ 3. The judge, who took part in the release of the decision concerned a complaint for renewal, cannot decide what to this complaint.

Article. 49. [exclusion of a judge at the request of or request] regardless of the reasons mentioned in article 10. 48, the Court excludes a judge at his request or at the request of a party, if there is a circumstance of that kind that could cause reasonable doubt as to the impartiality of a judge in a particular case.

Article. 50. [request for exemption] § 1. Request for exemption of the judge in writing or orally notified party to the Protocol in the Court in which the case is pending, uprawdopodabniając reasons for exemption.

§ 2. A party that proceeded to a hearing, should lend credence that the reason for the exclusion only later founded or became her.

§ 3. Until the settlement of a matter of the judge may meet the urgent operations only.

Article. 51. [obligations of a judge] a judge of the Court under this should notify his exclusion, and to abstain from participation in the case.


Article. 52. [Order to exclude] section 1. To exclude a judge decides the Court in which the case is pending, and if this Court could not pass the provisions due to the lack of a sufficient number of judges, the Court postponed it.

§ 2. Order of the Court, sitting with three professional judges after the submission of the explanation by the judge, which the application relates. The order may be issued on the closed session.

Article. 53. (expired).

Article. 531. [Renewed a request for the exclusion of a judge] Renewed a request to disable the judge based on the same circumstances is subject to rejection without submission of explanations by the judge concerned. Rejecting the rule the court seised. The recipe article. 51 shall apply mutatis mutandis. The order may be issued on the closed session.

Article. 54. [the provisions of chapter] the provisions of this chapter shall apply mutatis mutandis to the exclusion of the clerk of the Court, the jury, as well as other judicial authorities and the public prosecutor. Request for exemption of the clerk of the Court and the jury, the Court shall decide in accordance with the provisions of the preceding, and a request to disable the other persons shall transmit to the relevant parent body.



TITLE II Article Attorney. 55. [the action for the marked person] Attorney, by dragging the action for the benefit of the designated person should indicate it in the lawsuit. This does not apply to matters of non family law, unless otherwise provided by special provision.

Article. 56. [Position of the Prosecutor] § 1. The person to whom the public prosecutor brought an action, the Court shall notify the delivering her a copy of the lawsuit. A person may join in each State as plaintiff; in this case, the participation of the Prosecutor in the case shall apply mutatis mutandis the rules of participation of the single.

§ 2. The Prosecutor cannot alone dispose of the subject of the dispute.

Article. 57. [action against parties] if the public prosecutor, by dragging the action does not work in favour of the person indicated he lodged a lawsuit against all persons who are parties to the legal relationship affected by the action.

Article. 58. [the force of Gravity] Final Judgment sunk on brought by the public prosecutor has the force of gravity between the Party on whose behalf the Prosecutor brought an action, and the opposite party. However, in cases of claims to property a valid decision of the matter does not deprive the party concerned, which does not participate in the dispute, their ability to pursue their claims in full or this section, which have not been awarded.

Article. 59. [notice the Prosecutor], the Court shall notify the Prosecutor of any case which involved his considers it necessary.

Article. 60. [Accession to] § 1. The Prosecutor may join the proceedings in each of its stages. The Prosecutor is not affiliated with any party. He may make representations and submit their conclusions, as it deems expedient, and validating the facts and evidence on their confirmation. From the moment when the Prosecutor reported participation in the proceedings, he served the notice, pleadings dates and meetings and court rulings.

§ 2. The Prosecutor may bring any judicial decision from which the appeal is used. Time limits for appeal against court decisions, established for the sites, they relate well.



TITLE III of the non-governmental organisations Article. 61. [Participation in the proceedings], § 1. Non-governmental organisations in the field of their statutory tasks, may, with the agreement of the person expressed in writing, commenced an action on its behalf in cases of: 1) alimony;

2) protection of the environment;

3) consumer protection;

4) the protection of the rights of industrial property;

5) protection of equality and non-discrimination by the unjust direct or indirect differentiation of rights and duties of citizens.

§ 2. In the cases referred to in section 1 of the non-governmental organizations in the field of their statutory tasks, may, with the agreement of the person expressed in writing, to join her in the ongoing investigation.

§ 3. With the consent of the entrepreneur who is a natural person, expressed in writing, the non-governmental organization, which it is a member, may bring an action on his behalf or to accede to it in the ongoing investigation in a dispute with another businessman for claims resulting from the business.

§ 4. To the petition or letter, including the accession of the non-governmental organization expressed consent in writing and accompanied by a natural person.

Article. 62. [the application of the provisions of the Hofmann] § 1. Non-governmental organization wytaczających of action for natural persons shall apply mutatis mutandis the provisions of Hofmann wytaczającym action for the marked person, with the exception of article 5. 58, second sentence.

§ 2. To accede to the non-governmental organisations in ongoing proceedings shall apply mutatis mutandis the provisions of non-intervention, to which you do not have an appropriate application of the provisions on the participation of the single.

Article. 63. [View Presentation] non-governmental organizations referred to in the preceding articles, which do not participate in the case, may submit to the Court an important for the cause of the view expressed in the resolution or in a statement of their duly empowered authorities.



TITLE IIIa of the State labour inspection Article. 631. [an action on behalf of citizens] to determine the existence of an employment relationship may work inspectors initiated actions for the benefit of the citizens, as well as enter, with the consent of the plaintiff, to act in these matters in each of its stages.

Article. 632. [the application of the provisions of the Hofmann] in the cases referred to in the preceding article to labour inspectors shall apply mutatis mutandis the provisions of Spataro.



TITLE IIIb Powiatowy (miejski) consumer advocate Article. 633. [Boring action, joining the proceedings] in matters of consumer protection powiatowy (miejski) consumer advocate can initiated actions for the benefit of the citizens, as well as enter, with the consent of the plaintiff, to act in these matters in each of its stages.

Article. 634. [the application of the provisions of the Hofmann] in the cases referred to in article 1. 633 to the district (municipal) Consumer Ombudsman shall apply mutatis mutandis the provisions of Spataro.



The TITLE of the IIIc Entities entitled to participate in the proceedings on the basis of the specific provisions of article 3. 635. [permission to submit to the Court for the case view] § 1. If separate provisions grant certain entities that do not participate in the case, permission to submit to the Court for the case, these operators shall apply mutatis mutandis article. 63. However, at the request of an authorized entity, the Court may allow, to view was also presented orally at the hearing.

§ 2. At the request of an authorized entity, the Court provides the files of the case to the extent necessary to provide the view.



TITLE IV Part a SECTION I judicial Capacity and process Art. 64. [Legal Capacity] § 1. Any natural person or legal entity has the ability to act as a party to the process (legal capacity).

§ 11. The ability of the courts also have organizational units which are not legal persons to whom the law confers legal capacity.

§ 2. (repealed).

Article. 65. [process Ability], § 1. The ability to process operations (process capability) are natural persons having full legal capacity, legal persons and organizational units referred to in article 1. 64 § 11.

§ 2. Person limited in legal capacity has the capacity to process cases arising from legal transactions, which may make on their own.

Article. 66. [legal representative] a natural person without process capacity may carry out procedural acts only by its legal representative.

Article. 67. [operation of legal persons] § 1. Legal persons and organizational units referred to in article 1. 64 § 11, procedural acts by their bodies or by a person authorized to act on their behalf.

§ 11. Within the range specified by a separate law for State-owned legal persons may take procedural Prokuratoria General Treasury.

§ 2. For the State Treasury shall take procedural acts of State authority of the organizational unit from which the activity relates to asserted a claim, or the parent. Within the range specified by a separate law for the State Treasury shall take procedural Prokuratoria General Treasury.

§ 3. (repealed).

Article. 68. [obligation to prove the attachment] legal representative, the authorities and the persons mentioned in article 4. 67, have an obligation to demonstrate their attachment to document at the first procedural act. The first sentence shall not apply in the case of procedural acts in the electronic debt collection proceedings, however, the legal representative and the authorities and the persons listed in the article. 67 are required to indicate the basis for your attachment.

Article. 69. [establishment of guardian] for the non-procedural capacity, which does not have a legal representative, as well as for the non-body to represent the Court at the request of the opposing party will establish the curator, if this page is taking against the other side of the procedural action of urgency. Order of the Court may be taken in closed session.

Article. 70. [to supplement the shortage of capacity] § 1. If the deficiencies in the judicial process or capacity or in the composition of the competent bodies is complete, the Court shall designate for this purpose, the appropriate term. In cases where the establishment of a legal representative should be made on its own initiative, the Court asks for it to the competent court of guardianship.

§ 2. The Court may permit the provisionally to the page without judicial process or capacity or person without the proper legal restraints, except that before the time limit expires, the deficiencies will be complemented and validated by the activities set up for this person.


Article. 71. [the abolition of the procedure] If these deficiencies could not make up or not they have been completed within the prescribed period, the Court will abolish the proceedings in so far as it is affected by the shortages, and where necessary shall issue the appropriate order.



TITLE II Participation in the dispute Article. 72. [participation Types] § 1. Few people can act as one issue or defendants if the subject of the dispute are: 1) the rights or obligations of the common or based on the same factual and legal basis (material only);

2) claims or liabilities of one type, based on the equal basis of the factual and legal, if in addition, the jurisdiction of the courts is justified for each of the claims or liabilities, as well as for all together (formal participation).

§ 2. If against several persons can take place only (participation), the provision of the preceding paragraph shall also apply to persons whose participation in the electricity sector on its diagnosis in separate proceedings.

§ 3. The provision of § 2 shall apply mutatis mutandis in the case of substantive participation other than participation necessary.

Article. 73. [Participation uniform] § 1. Each współuczestnik is working on its own behalf.

§ 2. In the event, however, the substance of the disputed legal relationship or from the provision of the Act, it appears that the judgment of the deal is absolutely all participants (sharing a single), procedural participants acting are effective against broken. To the conclusion of the agreement, waiver claim or recognize the cause of the need for the consent of all the participants.

Article. 74. [right of participants] each of the participants to a dispute shall have the right to independently promote. On the judicial meeting calls on all those participants whose business is not completed.



SECTION III main Intervention and a side Article. 75. [main Intervention] who makes a claim or right, that case takes place between other people, perhaps until the closure of the hearing at first instance, bring an action for this thing or right against both parties before the Court in which the action takes place, the matter (the intervention).

Article. 76. [an incidental Intervention] who has a legitimate interest in the case was decided in favor of one of the parties can in each State of the case until the close of the hearing in the second instance to proceed to this site ("non-intervention).

Article. 77. [intervener's accession to] § 1. Its accession to the intervener should side in writing, which will give you, what has an interest in joining and to which of the parties to the issue. This letter should be delivered to both parties.

§ 2. The intervener may side with the joining to connect to other procedural acts.

Article. 78. [the opposition] § 1. Either party may submit the opposition against joining the intervening party supporting, however, not later than at the start of the earliest hearing.

§ 2. The Court gave the opposition after what her hearing, where the intervener uprawdopodobni, that has a legitimate interest in joining the case.

§ 3. Despite bringing the opposition the intervener takes part in the side, until the decision taking into account the opposition becomes final. In the event of a final consideration of the opposition will be considered as intervening party supporting activities for non-existent.

Article. 79. [Powers intervening party supporting] the intervener by-product is entitled to any procedural steps permitted by the status of the case. They may not, however, conflict with the actions and statements of the parties, which signed up.

Article. 80. [Service] Interwenientowi should be ubocznemu from the time of its accession to the case served as a page, a notice of the dates and meetings, as also the decision of the Court.

Article. 81. [the intervention of idiopathic] if the substance of the disputed legal relationship or from the provision of the Act, it appears that the judgment has to be direct legal effect in the relationship between the opponent and the trial to which the intervener proceeded, to the position of the intervener in the process shall apply mutatis mutandis the rules of participation of the single.

Article. 82. [an inability to raise the allegation] the intervener may not side to side, to which he, raise the objection that the case was wrongly decided or that this Web site ran a flawed process, unless the State of affairs at the time of the accession of the intervener prevented him using the defence either that page intentionally or through negligence does not benefit from measures that were not interwenientowi known.

Article. 83. [entry of the intervener to process] with the consent of the parties intervening by-product can enter the place to which he joined.



SECTION IV Article Przypozwanie. 84 [Indication] § 1. The site, which in the event of an adverse decision for her recent events suggest this claim against a third party or against whom a third party could make a claim, you may notify the person of the ongoing process and invite her to take in.

§ 2. To this end, the site brings to the Court pleading, indicating the reason for the request and the status of the case. The letter is handed over immediately to a third party, who may submit their accession to the side as an intervener.

Article. 85. [effects of accession] Effects associated with secondary intervention referred to in article 1. 82 arise in relation to the requested State, which is not reported, at the time in which the accession was possible.



SECTION V Agents process Article. 86. [an action before the Court] Parties and their authorities or legal representatives may act before the Court in person or by proxy.

Article. 87. [persons] § 1. A delegate can be a lawyer or a legal adviser, on matters of industrial property and the patent attorney is also in cases of restructuring and the bankruptcy of the person licensed restructuring advisers, and the person having the Management Board assets or interests of the parties and the dependant with the party in a stable relationship, if the subject matter falls within the scope of this order, współuczestnik, as well as the spouse, siblings, descendants or ascendants and the people with the party in respect of inter-country adoption.

§ 2. Representative of a legal person or trader, including a non-legal entity, it can also be an employee of that body or its parent body. Legal person, on the basis of separate provisions, the legal services of the trader, a legal person or other entity may grant a power of attorney on behalf of that entity is a procedural legal services leads-solicitor or legal, if it has been authorised to do so by the entity.

§ 3. In matters of establishment and a denial of the child's origin and maintenance claims representative can also be competent in matters concerning the social assistance Authority Government entities and social organizations, with a view to assisting the family.

§ 4. In matters related to running a farm representative of the farmer can also be a representative of the farmers ' organization, which the farmer is a member.

§ 5. In matters connected with the protection of the rights of consumers, agents can be represented by the Organization to which the statutory tasks should be the protection of consumers.

§ 6. In matters relating to industrial property offices of the delegate creator's inventive project may also be a representative of the Organization, to which statutory tasks include the matter of promoting industrial property and to the creators of inventive projects assistance.

Article. 871. the [Proxy] section 1. In the proceedings before the Supreme Court in effect substitute parties by lawyers or legal advisors, and in industrial property matters also by patent attorneys. Substitute this also applies to procedural steps relating to the proceedings before the Supreme Court, to be taken before the Court of lower instance.

§ 2. Provision of section 1 shall not apply to proceedings for exemption from court costs and for the establishment of a lawyer or solicitor and if the party, its authority, its legal representative or delegate is a judge, Prosecutor, notary public, or a professor or Associate Professor doctor of legal sciences, and also when the party its authority or its statutory representative is a lawyer, solicitor or the State Attorney-General Counsel of the Treasury.

§ 3. Provision of section 1 shall not apply if the representation of the State Treasury or State entity is carried out by the General Office of the State Treasury.

Article. 88. [types of power of Attorney] a power of attorney may be either a lawsuit or General, or to the conduct of individual cases or to certain activities only.

Article. 89. [power of Attorney Form] § 1. Agent is required at the first procedural act attached to the case file a power of attorney with the signature of the principal or wierzytelny a copy of the authorization together with a copy for the opposing party. Attorney, legal counsel, patent attorney, as well as the State Attorney-General Counsel of the Treasury can authenticate a copy of the power of Attorney and copies of other documents showing their lashes. The Court may, in case of doubt, request an official signature credentials page. The first sentence shall not apply in the case of procedural acts in the electronic proceedings, however, debt collection agent should rely on a power of attorney indicating the date, extent and circumstances listed in article 1. 87. § 2. In the course of the case a power of attorney may be given orally at the meeting of the Court by a declaration made by the site and included in the minutes.

§ 3. (repealed).


Article. 90. [place of signature] for the page, which can not be signed, shall be signed by the person authorized by the authority, with details the reasons for which the party itself has not signed.

Article. 91. [Scope attachment] power of attorney with the same restraint law covers the process to: 1) of all the merging of procedural steps, including a counterclaim, the complaint about the resumption of the proceedings and of the proceedings caused their filing, as also the transfer of the main intervention against the principal;

2) any action concerning the security and enforcement;

3) provide further procedural Attorney solicitor or legal;

4) settlement, waiver of claims, or the recognition of an action, if these activities are not excluded in the mandate;

5) pick up the costs of the process from the opposing party.

Article. 92. [Interpretation] the scope, duration and effects of the attachment of the wider than a power of Attorney, as well as procedural attachment to individual process steps, according to the content of the mandate and the rules of civil law.

Article. 93. [dismissal of the claims of the representative] Principal stawający at the same time as a delegate may immediately rectify or cancel claims representative.

Article. 94. [termination of power of Attorney] § 1. Termination of a power of attorney by procedural receiver goes legal effect in relation to a court upon notice to him in relation to his opponent and other participants at the time of service of the notice of the Court.

§ 2. A lawyer or a legal adviser, who said power of Attorney, is obliged to work for the party for another two weeks, unless the principal releases him from this obligation. Any other agent should, despite the notice, act as receiver by the same time, if this is necessary to protect the principal of adverse effects.

Article. 95. [application of article 5(1). 94] Provision of the preceding article shall apply mutatis mutandis to a solicitor or a solicitor appointed by the Court in the case of exemption from the obligation to replace pages in the process.

Article. 96. [the termination of power of Attorney] in case of death or loss of legal capacity by the party mandate expires. However, the proxy server is running until the suspension of the proceedings.

Article. 97. [Act without power of Attorney] § 1. After the application has been lodged, the Court may permit the provisionally to take urgent procedural acts the person niemogącą for the time being present. Order of the Court may subject of security costs.

§ 2. The Court shall designate a term at the same time, within which the person acting without a mandate should be to submit or present to approve of his actions by the party. If a time limit has elapsed to no avail, looking through the procedural Court. In this case, the opponent may request reimbursement of the cost of fixing working without caused his temporary release.



Title V of the costs of a trial and the reimbursement process Article. 98. [cost Types] § 1. Unsuccessful party is obliged to draw the enemy at its request costs essential to deliberate assertion of rights and defense of the special-purpose (the cost of the process).

§ 2. The necessary costs of the process conducted by a party in person or by proxy, who is not a lawyer, solicitor or patent spokesman, include those incurred by her legal costs, travel costs to the Court a party or its representative, and the equivalent of earnings lost due to appear in court. The sum of the costs of travel and the equivalent of lost earnings may not exceed the remuneration of one lawyer performing profession at the seat of the Court.

§ 3. The necessary costs of the process the parties represented by counsel include salaries, but not higher than the rates of the fees set out in separate provisions and expenses of one lawyer, legal costs and the cost of prescribed by the Court appear in the page.

§ 4. The amount of legal costs, the return policy lost earnings or income and the costs of the summons the parties in court, as well as the lawyer's fee, legal and patent are governed by separate rules.

Article. 981. [the costs of mediation] § 1. The necessary process costs include the costs of mediation as a result of a referral by the Court.

§ 2. If civil proceedings have been initiated within three months from the date of completion of the mediation, which was not completed settlement or within three months from the date on which the provisions on refusal of the approval of the settlement by the Court, to the expenses of the process also includes the costs of mediation to an extent not exceeding the fourth part of the fee.

§ 3. To determine the costs of mediation shall apply mutatis mutandis to article. 98 section 2 and 3.

§ 4. The Minister of Justice shall determine, by regulation, the amount of the remuneration of the mediator, including a permanent mediator for mediation proceedings initiated on the basis of court referrals and expenses of the mediator, including a permanent mediator, reimbursable, taking into account the type of case and the amount at stake and the efficient process of mediation proceedings, as well as the necessary expenses related to the carrying out of the mediation.

Article. 99. [refund] Parties represented by a solicitor, patent attorney or the General Office of the State Treasury returns costs in the amount of the sum due under the provisions of the lawyer's remuneration.

Article. 100. [Mutual Abolition of cost] in the event of partial only take into account requests for costs will be mutually abolished or relatively separated. The Court may, however, put on one of the parties to the obligation to reimburse all costs, if her opponent was just what the minor part of his claim, or if the term of the sum due to him depended on mutual calculation or assessment of the Court.

Article. 101. [refund the defendant] reimbursement should be the defendant despite the action account, if you do not gave reason for bringing the case and considered the first procedural act claim.

Article. 102. [Costs the losing party] in exceptional cases, the Court may order the parties to lose only a portion of the costs or not charge at all costs.

Article. 103. [costs of culpable] § 1. Regardless of the result of the case the Court may put on a party or intervener the repayment obligation costs, due to their niesumiennym or of course wrong.

§ 2. The provision of § 1 applies especially costs incurred as a result of the waiving of clarifications or making a statement in conformity with the truth, concealment or delayed the appointment of the evidence, and of course any unjustified refusal to submit to mediation.

Article. 104. [the settlement and the costs of a trial] the costs of a trial, in which the contents of this agreement, shall be eliminated, unless the parties have agreed otherwise.

Article. 1041. [the abolition of mediation costs] the costs of mediation as a result of a referral by the Court and ending settlement shall be eliminated, unless the parties have agreed otherwise.

Article. 105. [reimbursement by participants] § 1. Contributors to the dispute shall return the process costs in equal shares. However, the Court may order the reimbursement of expenses up to the participation of each of the participants in the matter, if in this respect, there are significant differences.

§ 2. The participants of the dispute, corresponding to be jointly and severally liable on the merits of the case the Court will put solidarity obligation to refund. For costs arising from the procedural steps taken by individual participants solely in their own interest, other contributors do not match.

Article. 106. [the participation of the Prosecutor and the costs of a trial] the participation of the Prosecutor in the case did not justify reimbursement of the order to the Treasury or Treasury.

Article. 107. ["non-Intervention and the costs of] the intervener sideline, which do not apply the rules of participation of the single, does not return the cost of the opponent parties, which he joined. The Court may, however, grant from the intervener for winning the case the opponent party intervener proceeded, reimbursement due to procedural operations samoistnymi the intervener. The Court may also grant interwenientowi the costs of intervention from the enemy obowiązanego to reimbursement.

Article. 108. [Settlement of costs] § 1. The Court shall decide the cost of every decision ending the case in the instance. The Court may, however, be resolved only by the parties to bear the costs of the process, leaving the detailed enumeration of judicial referendarzowi; in this situation, after the final decision terminating the proceedings, judicial legal Secretary at the Court of first instance it seems the order, in which the detailed calculation of costs chargeable to the page.

§ 2. The Court of second instance, avoiding the contested judgment and passing the matter to the Court of first instance, it leaves the settlement of costs the appeal instance court days ago.

Article. 1081. [for incurring the legal costs] if, in the course of the proceedings the Court has not ruled on the obligation to pay court costs or the judgment has not embraced the entire amount due with that title, order on the subject it seems on the closed session, the Court before which the case was fought in the first instance.

Article. 109. [notification of a claim for reimbursement] § 1. The claim for reimbursement expires, if the page before the closing of the hearing immediately preceding judgment does not make the Court an inventory costs or raises an application for the costs according to the prescribed standards. However, due to the cost side of acting without a lawyer, solicitor or patent attorney the Court of its own motion.


§ 2. Ruling of the amount allocated to the cost side of the process, the Court shall take into account the desirability of the costs incurred and the necessity of it is incurred due to the nature of the case. In fixing the amount of the costs incurred by a party represented by a representative who is a lawyer, a legal advisor or patent spokesman, the Court shall take into account the necessary labour representative, and the steps taken by him in the case, including the steps taken with a view to an amicable settlement of the dispute, well before bringing a lawsuit, as well as the nature of my case and the contribution of the representative, in contributing to her clarification and resolution.

Article. 110. [Costs other participants], the Court may order a witness, expert, agent or legal representative – after their hearing-reimbursement due to their obvious fault. Order of the Court may be taken in closed session.



SECTION II legal aid office Article. 111. (repealed).

Article. 112. (repealed).

Article. 113. (repealed).

Article. 114. (repealed).

Article. 115. (repealed).

Article. 116. (repealed).

Article. 117. [establishment of a lawyer or a solicitor] § 1. Page released by the Court from the court costs in whole or in part, may request the establishment of a lawyer or a solicitor.

§ 2. A natural person, not yet released by the Court from the court costs, it may require the establishment of a lawyer or solicitor if makes a statement, from which it follows that it is not able to bear the costs of the remuneration of a solicitor or legal counsel without prejudice to the necessary maintenance for herself and her family.

§ 3. A legal person or an organizational unit, where the law recognizes the legal capacity, not yet released by the Court from the court costs, it may require the establishment of a lawyer or solicitor if they can show that there is no sufficient funds to pay costs of a solicitor or legal counsel.

§ 4. The proposal for the establishment of a lawyer or solicitor home page reports together with the application for exemption from court costs or separately, in writing or verbally for the record, the Court, in which case you want there are many irregularities or no longer takes place. A natural person who is not domiciled in the premises of the Court, may request the establishment of an advocate or solicitor in the District Court at the place of his residence, which shall immediately forward the request to the competent court.

§ 5. The Court will take into account the request, if the lawyer or the solicitor on deems needed.

§ 6. The proposal for the establishment of a lawyer or solicitor, requested for the first time in the appeal proceedings, cassation or proceeding with a complaint about the finding of the illegality of the final judgment, the Court shall forward to the Court of first instance, unless it considers the request reasonable.

Article. 1171. [a statement of financial disclosure, family, income and sources of maintenance] § 1. A natural person shall attach to the request to establish a lawyer or solicitor statement including details of their condition, assets, income and sources of livelihood. The statement shall be drawn up according to a fixed formula. If the request for the establishment of a lawyer or solicitor shall be submitted together with the application for exemption from court costs, a natural person shall attach only one statement.

§ 2. The Court may receive from any person a promise: "Conscious of the importance of my words and accountability before the law I assure you that I made a statement about the State of the family, property, income and sources of maintenance is a true and fair view". Before receiving the oath teaches to the applicant for the establishment of a lawyer or a solicitor about the content of the article. 120 section 4.

§ 3. The proposal for the establishment of an attorney or legal counsel, filed by a party represented by a solicitor or a solicitor without the join statement, referred to in § 1, the President shall request without a call to remedy the situation.

§ 4. In the event of a request verbally to the Protocol, the Declaration referred to in paragraph 1 may be made to the Protocol.

§ 5. The provisions of paragraph 1 to 4 shall not apply if the application is lodged by the party referred to in article 14(2). 117 section 1.

§ 6. The Minister of Justice shall determine, by regulation, a statement on the State of the family, property, income and sources of livelihood, as referred to in paragraph 1, as well as how to share individuals the formula printed these statements, with a view to enabling the site submit one declaration in the event of the submission of the request to establish a lawyer or solicitor together with the application for exemption from court costs and communication skills necessary teachings for the parties as to how to fill no effects, and making a false statement.

Article. 1172. [Renewed a request for the establishment of a lawyer or a solicitor] § 1. In the event of a dismissal of the application for the establishment of a lawyer or solicitor may not again insist on the establishment of an attorney or legal counsel, relying on the same circumstances which constitute a justification for the request away.

§ 2. Re request for establishment of a solicitor or legal counsel, based on the same considerations shall be subject to rejection. The order rejecting the application is not entitled to appeal.

Article. 1173. [the appointment of a lawyer or a solicitor] § 1. With the appointment of a lawyer or a legal adviser, the Court calls on the competent District Bar Council or the Council of the Regional Chamber of legal advisors.

§ 2. The competent District Bar Association or the Council Chamber of legal advisors, appoint a lawyer or solicitor shall forthwith, but not later than within two weeks, by notifying the Court. In the notification, the competent district the Bar Council or the Council of the District Chamber of legal advisers indicates the name and the name of the appointed lawyer or legal counsel, and his address for service.

§ 3. If the page in the application has identified a lawyer or solicitor, the competent district the Bar Council or the Council of the District Chamber of legal advisers, as far as possible and in consultation with a lawyer or solicitor, shall appoint a lawyer or solicitor appointed by the party.

Article. 118. [power of Attorney process] § 1. The establishment of a solicitor or legal counsel by the Court is equivalent to granting a power of attorney.

§ 2. A solicitor or legal counsel established by the Court is required to replace the page to the final termination of the proceeding, unless the court order, it appears that the obligation to replace the page ceases earlier.

§ 3. Important causes of solicitor or counsel may request an exemption from the obligation to replace pages in the process. The Court, by releasing a lawyer or solicitor, at the same time to the competent District Bar Council or the Council Chamber of legal advisors to appoint another lawyer or a solicitor. The recipe article. 1173 § 2 shall apply mutatis mutandis.

§ 4. If a solicitor or legal counsel established by the Court is to take steps outside the headquarters of the court seised of the case, the Court, at the reasoned request of the established lawyer or solicitor shall, if necessary, to the appropriate District Bar Council or the Council Chamber of legal advisers for the appointment of a lawyer or solicitor from another village. The recipe article. 1173 § 2 shall apply mutatis mutandis.

§ 5. If the lawyer or legal adviser established in connection with the consideration of Cassation or investigation of complaints about the finding of the illegality of the final judgment, no grounds for bringing a complaint is required to notify in writing and the court party, no later than within two weeks from the date of notification to him of the appointment. To notify a solicitor or legal counsel joins by myself of the opinion there are no grounds to complain. Opinion is not attached to the case file and is not a transit site.

§ 6. If the opinion referred to in paragraph 5 has not been drawn up with due observance of the principles of due diligence, the Court shall notify the competent authority of the local government, to which the lawyer or legal adviser. In such a case, the competent District Bar Association or the Council Chamber of legal advisors shall appoint another lawyer or legal adviser. The recipe article. 1173 § 2 shall apply mutatis mutandis.

Article. 119. [the death of] the establishment of a lawyer or solicitor shall expire with the death of a party that received them. However, on the principle that the establishment of a lawyer or counsel the parties take urgent steps.

Article. 1191. [no doubt as to the actual financial status of the Parties], the Court may order the appropriate investigations, where, on the basis of the circumstances of the case or the statements of the opposing party have doubts as to the actual state of the asset side seeking establishment or replaced by established lawyer or legal adviser.

Article. 120. [revocation of power of Attorney] § 1. The Court goes back to establish a lawyer or solicitor if it is found that the circumstances on the basis of which it was granted, did not exist or cease to exist.

§ 2. In the cases referred to in § 1, the party is obliged to pay the lawyer's fee or legal counsel for her set up.

§ 3. In addition, if the circumstances on the basis of which the establishment has been granted a lawyer or solicitor ceased to exist, the Court may charge the given page only partially, according to the changes that have occurred in its relations.

§ 4. The party that has obtained the establishment of a lawyer or a solicitor on the basis of giving deliberately false circumstances, the Court will convict on a fine, regardless of its obligation to pay the salary of a lawyer or a solicitor.

Article. 121. (repealed).


Article. 122. [remuneration of a solicitor or a solicitor] § 1. Lawyer or legal adviser established in accordance with the provisions of this chapter shall be entitled-excluding page-download the sum due to him the title of remuneration and reimbursement of the costs recoverable for this page. The opponent can not do any deductions, excluding the costs of the other granted from benefiting from legal aid.

§ 2. On the cost, from the enemy side benefiting from legal aid, duty counsel or a solicitor under the provisions established by the preceding shall have precedence over the claims of third parties.

Article. 123. [mode issue provisions on the establishment of a lawyer or a solicitor] § 1. The provisions referred to in this section, the Court may issue a private session. The provisions are served only the page that made the request for the establishment of her solicitor or legal counsel.

§ 2. Provision for the establishment of, or refusal to establish a lawyer or solicitor may issue also legal Secretary Court.

Article. 124. [effect of notification of the request for the establishment of an advocate or solicitor in the course of the ongoing proceedings], § 1. Request for the establishment of a lawyer or solicitor, as well as appeals from the denial of their establishment shall not prevent the ongoing course of conduct, unless it comes to the establishment of a solicitor or legal counsel for the plaintiff as a result of the application of the notified in the lawsuit or before commencing the action. The Court may, however, pause to recognize cases until a final settlement of the application and therefore set a hearing, and the designated trial appeal or postponed.

§ 2. In the event of the establishment of a lawyer or solicitor at the request of the requested before the expiry of the deadline for the lodging of complaints for which the drawing up of the law requires legal representation by a lawyer or solicitor, the Court shall set up an advocate may copy or legal provisions, and the deadline for lodging complaints on the order of runs from the date of its delivery to a delegate. If a party properly requested service provisions of the explanatory memorandum, a copy of the provisions are served to a delegate with the reasons.

§ 3. In the event of the establishment of a lawyer or solicitor at the request of the requested before the expiry of the time to bring an appeal by the party that requested the ruling stating the service properly, the Court shall set up solicitor or legal judgment the reasons for, and the time limit for bringing an appeal runs from the date of delivery of the reasoned judgment of the delegate.

§ 4. In the event of a dismissal of the application for the establishment of a lawyer or a solicitor, in the cases referred to in § 2 or § 3, the deadline for bringing an appeal runs from the date of service of the site, (a) if the order was given to open-from the date of its notification. However, if a party has made a complaint within a prescribed time limit, the deadline for submission of the appeal runs from the date of service of the website, the provisions of the order of the Court and, if the complaint by dismissing the second instance was released on open-from the date of its notification.

§ 5. Re request for establishment of a solicitor or legal counsel, based on the same considerations do not affect the time limit for bringing a legal challenge.



TITLE VI General provisions and Proceedings for the legal proceedings Section 1 pleadings Article. 125. [pleadings] § 1. Pleadings include the conclusions and declarations of the parties made outside the hearing.

§ 2. If special provision so stipulates pleadings shall be on official forms.

§ 21. If special provision so stipulates pleadings shall be lodged using an it system that supports litigation (electronically). If special provision stipulates that the letter brings only electronically, unpaid this route do not produce legal effects which the Act involves the transfer of a letter to the Court.

§ 3. The Minister of Justice shall determine, by regulation, patterns and how to share the official parties of the forms referred to in § 2, corresponding to the requirements provided for in pleadings, the specific requirements of the proceedings in which they are to be used, and containing the necessary instructions to the parties, as to the way in which they fill, brining and consequences of failure of the Scriptures to these requirements, taking into account that the official forms should be made available at the offices of the courts and for free on the Internet in a convenient form for editing the contents of a form.

§ 31. Minister of Justice, in consultation with the Minister responsible for information Affairs, shall determine, by regulation, the manner of paying pleadings electronically, with a view to effectiveness to contribute writings, the specific requirements of the procedures operated by it system and to protect the rights of applicants.

§ 4. (repealed).

Article. 126. [text of Scripture], § 1. Every pleading shall contain: 1) the designation of the Court to which it is addressed, your name or the name of the parties, their legal representatives and agents;

2) designation of the Scriptures;

3) osnowę of the application or the Declaration and evidence to support the alleged circumstances;

4) the signature of the party or its legal representative or representative;

5) list the attachments.

§ 2. When the pleading is the first letter in the case should also contain the designation of the subject matter of the dispute and: 1) the indication of the residence or seat of the names and addresses of the parties, their representatives and agents, 2) number of Common electronic system of population Register (SSN) or employer identification number (ein) of the plaintiff who is a natural person, if he/she is obliged to his possession or has it not having any such obligation or 3) number in the national court register and, in the case of his absence, the number in other appropriate registry, records or NIP the plaintiff not a natural person, who is under no obligation to an entry in the appropriate register or records, if it is obliged to its ownership.

§ 21. Further pleadings, in addition to the items referred to in paragraph 1 should include a signature file.

§ 3. The letter must be accompanied by a power of Attorney, if the letter asks agent, which had not submitted a power of attorney.

§ 31. The provision of § 3 shall not apply to writings brought in debt collection proceedings electronically.

§ 4. For a party that cannot sign, the letter shall be signed by the person authorised by the latter with details the reasons for which the party itself has not signed.

§ 5. Pleading lodged electronically should bear the electronic signature within the meaning of article 3. 3, paragraph 1 of the law of 18 September 2001 on electronic signatures (OJ of 2013. poz. 262).

§ 6. Minister of Justice in consultation with the Minister competent for information shall determine, by regulation, the detailed requirements for ICT-based system account mode used to conduct electronic proceedings for and how to use the electronic signature in these proceedings, with a view to the efficiency of the procedure, the availability of electronic road for the parties to the proceedings and the protection of the rights of the parties to the proceedings, taking into account the possibilities for the submission of one time many lawsuits.

Article. 1261. [the amount at stake], § 1. In every letter you must provide a value for the subject matter of the dispute or the value of the subject of the appeal, if the this value depends on the kind property of the Court, the amount of the fee or the admissibility of the remedy, and the subject matter is not marked monetary amount.

§ 2. Letter on the part of the subject matter of the dispute or appeal shall be subject to payment of a fee only for the value of that part.

§ 3. The value of the subject matter of the dispute or appeal shall be gold, rounding up to the full Golden.

Article. 1262. [payment], § 1. The Court will not take any action as a result of the letter, which has not been paid within the due fee.

§ 2. No fee is requested from the Scriptures, if its content indicates that it is subject to rejection.

Article. 127. [preparatory Writings] pleadings to prepare hearing (preparatory letter) must be reported concisely state the case, comment as to the claims of the opposing party and the evidence relied upon by it, and finally indicate the evidence to be presented at the hearing, or attach them. In the writings of preparatory work may indicate the legal bases of its claims or applications.

Article. 128. [Annexes] § 1. The pleading must include his copies and copies of the annexes for the delivery of their participating in on people, and Moreover, if the Court has attachments in the original writ and one each of the annex to the court records.

§ 2. Debt collection proceedings, electronic provision of section 1 shall not apply.

Article. 129. [original document] § 1. «Setting up in writing on the document is obliged at the request of the opponent to submit the original document with the Court before the hearing.

§ 2. Instead of the original document may submit a copy of the document, if it complies with the original has been certified by the notary or by the applicant on the representative parties which advocate, legal advisor, patent advocate or counselor, State Attorney-General of the Treasury.

§ 3. Contained in document extract certificate of conformity with the original by appearing on the proxy site as an attorney, legal counsel, spokesperson for the Attorney or the State Attorney-General Counsel of the Treasury is the official document.


§ 4. If this is justified by the circumstances of the case, the Court, at the request of a party or on its own initiative, request from the submitting a copy of a document referred to in § 2, the submission of the original of this document.

Article. 130. [Lacks formal] § 1. If the pleading may not receive the correct gear as a result of your failure to keep the conditions of formal or if a letter does not levy have been paid, the President calls on the page, under pain of return, to correct, supplement or pay it within a period of one week. A false indication of the pleading or other obvious inaccuracies do not constitute obstacles to their gear and resolve it in the appropriate mode.

§ 11. If the letter brought a person resident or established abroad, which does not have a representative in the country, the President shall designate a term to correct or supplement the writings or the payment of a fee of not less than one month.

§ 2. After expiration of the term the President returns the letter page. Letter returned does not produce any effects that the Act binds to an injection of pleading to the Court.

§ 3. Writing corrected or supplemented within the time limit of the effect.

§ 4. Order of the President of the return of the statement of claim shall be served only to the claimant.

§ 5. Pleadings made in violation of article 86. 871 refundable with no call for deletion, unless the law provides otherwise.

§ 6. Debt collection proceedings, electronic application shall be lodged with the court fee. Bringing the lawsuit without charge does not produce effects which the Act binds to an injection of pleading to the Court. The provisions of the first and second sentence shall not apply if the plaintiff is exempt from court costs under the law.

Article. 1301. [the order to recover the letter] § 1. (expired).

§ 11. If the pleading, which should be made on the official form, has not been made on this form, or could not get the correct gear as a result of the failure of other formal conditions, the President calls on the party to its correction or completion within one week by sending complex writing. The summons shall indicate all the deficiencies of the letter and include the letter of section 2.

§ 2. In the event of ineffective expiry or resubmission letter affected by shortages of the President manages to return. Opposition from the default judgment, pleas from the payment order and opposition from order for payment the Court rejects.

§ 3. (repealed).

§ 4. (repealed).

Article. 1302. [Return of the Scriptures brought by proxy] section 1. A letter filed by a lawyer, solicitor or patent attorney, which has not been duly paid, the Chairman returns without call for the payment of a fee, if the letter is subject to a fee of a fixed or relative calculated from the indicated by the value of the subject matter of the dispute.

§ 2. Within one week from the date of service of the order for return of the letter of the reasons set out in paragraph 1, a party may pay the missing fee. If the fee was brought to the correct height, the letter shall take effect from the date of the original filing. The effect of such is not, in the event of a subsequent return letter for the same reason.

§ 3. (repealed).

§ 4. (repealed).

§ 5. Provision of section 1 shall not apply where the obligation to pay the fees due by the Court check was highlighted as indicated by the value of the subject matter of the dispute or appeal.

Article. 1303. [the appropriate application of the provisions of] § 1. The provisions of article 4. 1261. 1262. 130 § 1 and § 11, art. 1302 shall apply mutatis mutandis when before sending a copy of the letter to other parties, and in the absence of such sites-before posting a notice of the date of the meeting was the obligation to pay or supplement the charges as a result of the findings by the Court of the higher value of the subject matter of the dispute, the withdrawal of an exemption from court costs or repeal the guardianship.

§ 2. If the obligation to pay the fees or supplement was formed as a result of enlargement or other change requests for other reasons than those mentioned in § 1, or after sending a copy of the letter to other parties, and in the absence of such sites-after sending a notice of the date of the meeting, the President asks the principal to pay the fee within a period of a week, and if he lives or is domiciled abroad and has no representative in the country is no less than a month. In the event of ineffective expiry, the Court carries out the case without pausing the running procedure, and of the obligation to pay a fee in the judgment rule ending in the instance, using the rules as appropriate reimbursement of the costs of the process.

Article. 1304. [payment of advances] § 1. A party that calls for taking steps combined with expenditure is required to pay an advance on their cover in the amount and within the time specified by the Court. If more than one party seeks to take action, the court obliges each side, which of the following comes the legal effects, to pay an advance payment in equal parts or other relation according to his discretion.

§ 2. The President urges the party liable to pay advances to within a specified period of not more than two weeks paid designated amount. If a party resides or is domiciled abroad, the deadline shall be not less than one month.

§ 3. If it turns out that the anticipated or actual expenses are greater than brought advances, the President calls for supplementing it as specified in section 2.

§ 4. The Court will take action combined with the expenditure, if the advance is paid in the marked height.

§ 5. In the event of non-court advance skips action combined with the expenditure.

Article. 1305. [Authorization of the Clerk to issue the regulations] in the cases referred to in article 1. 130-1304, also may issue legal Secretary Court.



Chapter 2 Service Article. 131. [Ways service] 1. The Court Service is made by the postal operator within the meaning of the Act of November 23, 2012 – the postal Law (OJ reference, 1529), persons employed in a court bailiff or court service doręczeniową.

§ 2. Minister of Justice in consultation with the Minister competent for communications shall determine, by regulation, detailed mode and method of service of judicial writings by the entities referred to in § 1, bearing in mind the need to ensure the proper course of action, as well as the implementation of the procedural guarantees of its participants, the protection of the rights of persons to whom the Scriptures are served, and the protection of their personal data.

§ 3. Minister of Justice, at the reasoned request of the President of the Court, by order, establish and abolish this judicial court doręczeniową service.

§ 4. The Minister of Justice shall determine, by regulation, the conditions for the organisation and structure of the judicial services of the doręczeniowej, having regard to the size of the court costs and to ensure the effectiveness of the service and maintain the requirements of judicial proceedings.

Article. 1311. [electronic Service] 1. Debt collection proceedings, electronic service of the plaintiff shall be made through an it system that supports the electronic online proceedings (electronic delivery), and the defendant in the case where a will letter electronically.

§ 2. In the case of service of the electronic letter is deemed to have been served on the date indicated in the electronic acknowledgement of receipt, and in the absence of such confirmation of the delivery shall be deemed to be effective on the expiry of 14 days from the date of placement of the writings in the telecommunications system.

§ 3. Minister of Justice in consultation with the Minister competent for information shall determine, by regulation, electronic delivery mode in electronic debt collection proceedings with a view to ensuring the effectiveness of the service and the protection of the rights of persons to whom the Scriptures are served.

Article. 132. [Service mutual] § 1. In the course of a case lawyer, legal advisor, patent attorney and the State Attorney-General Counsel of the Treasury serves directly each other copies of the pleadings with attachments. To pleading to the Court shall be accompanied by proof that the other side a copy or proof of its dispatch by registered post. The letter, which do not include proof of service or proof of dispatch by registered post, it shall be repaid without a call to delete this.

§ 11. The provision of § 1 does not apply to the mutual claim, appeal, appeal, appeal, dissent from the judgment by default, opposition from the payment order, the allegations of the order for payment procedure, the application for precautionary measures, complaints about the resumption of the proceedings, the complaint about the finding of the illegality of a final judgment and the judgment of the court clerk of the complaints to be lodged with the Court with copies for the opposing party.

§ 2. Delivery to the addressee may be effected by handing in the letter directly in the registry of the Court.

Article. 133. [the recipient], § 1. If the party is a natural person, service shall be effected her personally, and when it does not process capability – its legal representative.

§ 2. Pleadings or for a legal person, as well as for the Organization, which has no legal personality, are served on the authority entitled to represent them before a court or into the hands of the employee authorized to receive.

§ 2a. Pleadings for the businessmen and shareholders of commercial companies, entered in the register on the basis of separate provisions, are served to the address in the register, unless the party indicated a different address for service. If the last registered address was deleted as inconsistent with the real state of things and there has been an application for entry of the new address, address removed is considered to be the address specified in the registry.

§ 2b. (repealed).

§ 3. If the established public prosecutor or a person authorised to receive letters, delivery to be made to those. However, the Treasury is always made service in the manner specified in § 2.


Article. 134. [Service in exceptional cases] § 1. In the public holidays declared free from work, as also in the night time you can serve only in exceptional cases for a prior order of the President of the Court.

§ 2. By the time the night shall be deemed the time from twenty-one until the seventh.

Article. 135. [Place of service], § 1. Service shall be made in the apartment, at the place of work or where the recipient will be.

§ 2. At the request of a party service may be made as indicated by her address p.o. box. In this case, the judicial letter sent via postal operator within the meaning of the Act of November 23, 2012 – the postal Law consists in the postal service that the operator, when placing a notice about it in a post box of the recipient's mailbox.

Article. 136. [relocation] § 1. The parties and their representatives are required to notify the Court of any change in his residence.

§ 2. If you neglect this obligation the Court letter is left in the case file of the service, unless the new address is known to the Court. The above obligation and the consequences of its failure to comply with the Court should instruct the page on first service.

§ 3. The provision of § 2 shall not apply to service of the complaint about the resumption of the proceedings or complaint about the finding of the illegality of the final judgment.

§ 4. The party which proposed to make service to the address marked p.o. box is required to notify the Court of any change of address. The provisions of § 2 and 3 shall apply mutatis mutandis.

Article. 137. [Soldiers, officers, prisoners] § 1. The service of soldiers, Police officers basic military service and the prison service are made by their bodies immediately postponed.

§ 2. Service to persons deprived of liberty shall be effected by the Board of Directors of the relevant establishment.

Article. 138. [substitute service] 1. If the recipient is not serving in an apartment, you may serve judicial writing adult domownikowi, and if it was not-administration House, caretaker House or sołtysowi, if these people are not enemies of the recipient in the case and have pledged themselves to cast him.

§ 2. For the recipient, which is not to be serving in the workplace, you can deliver the letter to the person authorised to receive letters.

Article. 139. [the inability to service] 1. In the event of the impossibility of the service in the manner provided for in the preceding articles, letter sent via postal operator within the meaning of the Act of November 23, 2012 – the postal Law must be lodged with the postal service operator, and served in a different way – in the Office of the appropriate municipality, by placing a notice of this at the door of the apartment or in the recipient's mailbox oddawczej with an indication of where and when the letter is left and with the instruction that they should be picked up within seven days from the date of placement of the notice. In the case of ineffective expiry of this period, the operation of the notification must be repeated.

§ 11. The postal service submitted in writing within the meaning of the Act of November 23, 2012 – the postal Law may be received by the person authorized under a power of attorney to receive mail, within the meaning of this Act.

§ 2. If the addressee refuses to accept the letter, delivery shall be deemed to have been effected. In this case, a letter with a note to the Court returns serving to refuse its acceptance.

§ 3. The letter for legal persons, organizations, individuals subject to entry in the register or registers on the basis of separate provisions, in the event of the impossibility of the service in the manner provided for in the preceding articles in view of the failure to disclose in the register or in the records of address changes, and, in the case of natural persons, the place of residence and address-is left in the case file of the service, unless the new domicile and address of the Court is known.

§ 4. Court of registration by notice or receipt of the first entry should instruct the applicant of the consequences of negligence to disclose in the register the amendments referred to in § 3.

§ 5. At the request of a party, the Court or by the Court in private session shall issue a certificate, which States that a judgment or order for payment was considered to have been notified to the indicated address as specified in § 1.

Article. 140. [copies of] pleadings and the judgment shall be served in write-offs.

Article. 141. [Multiple recipients] section 1. Delegate procesowemu a few people are served a copy of the letter and attachments.

§ 2. Notified by several participants of the dispute to receive judicial writs are served one copy for each an enjoined party.

§ 3. If there is more than one the one hand, the Court handed the letter to only one of them.

Article. 142. [acknowledgement of receipt letter] § 1. Recipients shall acknowledge receipt of the letter and the date of your signature. If you cannot or do not want to make, serving the same means the date of service and the reasons for the lack of a signature.

§ 2. Serving notes on receipt served, and registered as received the letter marks the day of service and provides this statement with your signature.

Article. 143. [Delivery magazine curator] If side, which place of residence is not known to be served a lawsuit or other pleading that cause the need for the defence of its rights, the service may until the Declaration of a party or its representative or agent only into the hands of the curator, established at the request of the person concerned by a court panel.

Article. 144. [establishment of guardian] § 1. The President shall establish a guardian if the applicant uprawdopodobni that place of residence is not known. In cases of maintenance claims, as well as to determine the origin of the child and related claims, the President prior to the establishment of the custodian shall carry out appropriate investigations in order to determine the place of residence or domicile of the defendant.

§ 2. On the establishment of the President publicly announce Court Building Superintendent and place Mayor (Mayor, Mayor of the city), in the matters of greater importance, when it deems it necessary, also in the press.

§ 3. At the moment of delivery of the letter curator service becomes effective. The Court may, however, make the effectiveness of the delivery of the end of the designated time limit from the time display of the notice in the building.

§ 4. The operations specified in § 1-3 can perform well as a legal Secretary.

Article. 145. [Posting letter] in cases where the establishment of a probation officer under the provisions of the preceding is not required, are served page, whose place of residence is not known, by posting in the building. Such service becomes effective at the end of the month from the date of display.

Article. 146. [organizations that are not organs of the] the provisions of the receipt page, whose place of residence is not known, and the setting for her guardian shall also apply to organizations that are not organs or bodies are unknown from their place of residence.

Article. 147. [for the service of a document in an appropriate manner] When it is discovered that guardian request or display the letter was not justified, the Court will order the service of a document in a way that is appropriate, and, where necessary, lift at the request of the party concerned an investigation carried out with the participation of the guardian or wywieszeniu letter in the Court building.



Chapter 3 judicial Meetings Art. 148. [Disclosure hearing] § 1. If special provision provides otherwise, meetings of the Court are public, and the Court, the Panel recognizes the case at trial.

§ 2. The Court may refer the matter to the meeting of the explicit and designate the hearing also when the case is identifying a private session.

Article. 149. [Setting of meetings, notice] § 1. The President shall designate a judicial meeting, whenever required by the status of the case.

§ 2. The meetings of the Parties shall be non-confidential and the persons concerned by the summons or the notice during a meeting. The page is not present on the open court should always be served with the summons to the next meeting. The summons shall be served at least one week before the meeting. In urgent cases, this time limit may be reduced to three days.

Article. 150. [contents of the request] the request for the meeting shall be: 1) name, surname and place of residence of the person served;

2) Court and the time and place of the meeting;

3) the parties and the subject matter of the case;

4) the objective of the meeting;

5) the effects of the appearance.

Article. 151. [Place of meetings] judicial Meetings are held in the Court building, and the building only if legal steps must be taken in a different location, or make the meeting outside the Court makes it easier to carry out or contribute much to save costs.

Article. 152. [access to courtroom] on the open sessions on courtroom are-apart from the parties and people wezwanymi-adults only. The meetings are classified only persons invited.

Article. 153. [Sitting by the door closed] § 1. The Court of its own motion manages to make all or part of the meeting in camera, if the diagnosis of public affairs endangers public order or morality or if they can be disclosed in circumstances covered by the protection of classified information.

§ 11. The Court at the request of the party manages to make a meeting or part thereof in camera when it may be disclosed the circumstances constituting the mystery of its business.

§ 2. The Court may also order the make a meeting or part thereof in camera at the request of a party, if it has given the reasons for which it considers reasonable, or if they be dithered details of family life. The proceeding concerning this application is done with the door closed. Provision on the matter, the Court shall announce to the public.


Article. 154. [on the] § 1. During a meeting held at the camera may be present in the courtroom: the parties, interveners to uboczni, their agents and legal representatives, and persons of trust after the two on each side.

§ 2. The announcement of the decision terminating the proceedings shall take place in public.

Article. 155. [Powers of the President] § 1. The Chairman opens, runs, and closes the meeting, voice, asks questions, to ask questions and announce the decision.

§ 2. The President can pick up voice, when a speaker it abuses, as well as set aside a question if it considers them to be inappropriate or unnecessary.

Article. 156. [postponement of meeting] Court even on the proposal of the parties may defer the meeting only with valid reason.

Article. 157. [Protocol official note] § 1. Of course the meeting explicitly recorder shall draw up protocol. The Protocol shall be drawn up, making the course of meetings with recording equipment, sound or picture and sound, and in writing, under the direction of its President, in accordance with article 4. 158 § 1.

§ 11. If, for technical reasons, hold the course of meetings with recording equipment, sound or picture and sound is not possible, the Protocol shall be drawn up exclusively in writing, under the direction of its President, in accordance with article 4. 158 § 2.

§ 2. When issuing judgments enough selection acts, that the defendant has not appeared at the meeting, not requested by the conduct of the trial in his absence and has not submitted any explanation, and reference as to the publication of the judgment.

§ 3. Discreet meeting shall be an official note, if not issued a decision.

Article. 158. [text of the Protocol], § 1. The Protocol drawn up in writing includes Court, places and dates of the meeting, the names of the judges, minute-taker, the public prosecutor, the parties, interveners, as well as on the meeting of the legal representatives and agents and the identification of cases and mentions about the publicity. In addition, the Protocol drawn up in writing includes the citation of the orders and decisions issued at the meeting and a statement as to whether you have been announced, as well as the activities of the parties affecting the Court (court settlement, waiver of claims, causes of action, revocation, amendment, extension or restriction of the application request) and other activities of the parties, which, according to the specific provisions of the Act should be drawn, accepted, made or brought to the Protocol. If you draw up a separate appeal of the judgment is not required, sufficient for inclusion in the Protocol of the same content. Transactions requiring the signature of the parties can be accommodated in a separate document forming part of the Protocol.

§ 11. The Protocol referred to in paragraph 1 may contain the conclusions and assertions of the parties, a summary of the results of evidence and other circumstances relevant to the conduct of meetings; instead of conclusions and statements in the minutes you can rely on the letter.

§ 2. If the course of the meeting not perpetuates using recording equipment, sound or picture and sound, the Protocol drawn up in writing, in addition to the data and circumstances referred to in paragraph 1, requests and claims of the parties, provided instruction, as well as the results of evidence and other circumstances relevant to the conduct of meetings; instead of conclusions and statements in the minutes you can rely on the letter.

§ 3. The Protocol drawn up by the recording equipment, sound, or video and audio recorder signed by electronic signature guaranteeing identification of persons reporting clerk and name recognition of any subsequent changes. The Protocol drawn up in writing shall be signed by the Chairman and the recorder.

§ 4. If it is necessary to ensure the correct rule on, the President may order the drawing up of the transcription of the relevant part of the report issued by the recording equipment, sound or image and sound.

§ 5. The Minister of Justice shall determine, by regulation, the types of devices and technical means used for the fixation of sound or image and sound, the way the preparation of records of sound or video and audio and how to identify the people producing them, as well as a way to share and store such records, bearing in mind the need to: 1) proper security record audio or video and audio before their loss, corruption, unauthorized access, deletion or other unauthorized change as well as the recognition of empowered change or remove and identify the person making those activities;

2) minimum requirements for information and communication systems used in the execution of public tasks, as defined in the rules;

3) need to change the format of the sound recording or audio and video or transfer it to another medium in order to reproduce the recording;

4) the need to ensure that it is possible to get acquainted with the sound recording or audio and video and get the file record audio or video and audio.

Article. 159. (repealed).

Article. 160. [Corrigendum and addendum] § 1. The parties may request the correction or supplement the Protocol, but as at the next meeting, and if it goes to trial protocol, followed by the closure of the judgment occurred-as long as the files of the case are in court. From the order of the President may appeal to the Court within a period of one week from the service of the order.

§ 2. Record audio or video and audio is not subject to rectification.

Article. 161. [Requests in the course of meetings] in the course of the meeting conclusions, statements, complement and rectification proposals and statements can be included in the annex to the Protocol. If a page is replaced by an advocate, legal advisor, patent attorney or General, the President of the Exchequer Prokuratoria may request the submission of such annex within the prescribed period.

Article. 162. [Reservations] the parties may in the course of the meeting, and if it were not present at the next meeting to draw the attention of the Court for failure to conduct regulations, to enter reservations to the Protocol. The site, which claims not reported do not have the right to invoke such failure in the further course of the proceedings, unless the rules of conduct, which breach the Court should take into consideration ex officio, or that the site uprawdopodobni, that made reservations without fault.

Article. 163. [Fine, forced repatriation, detention] § 1. If the code provides for a fine without specifying its amount, the fine imposed in the amount of five thousand dollars. Fine pulls in repossessions to the Exchequer Court.

§ 2. Whenever the code allows to order compulsory introduction or detention, shall apply mutatis mutandis the provisions of the code of criminal procedure.

§ 3. The forced introduction of a soldier in active military service, the Court asks the Commander of a military unit, in which it fully service, or military police, and the forced repatriation of a police officer, Government Protection Bureau, the Agency of internal security, intelligence agencies, Military Intelligence Directorate, the Directorate of military intelligence, Central Office or Anti-corruption border guards – to his superior.

§ 4. About punishing a soldier in active military service, the Court asks the Commander of the military unit in which it fully, and for the prosecution of a police officer, Government Protection Bureau, the Agency of internal security, intelligence agencies, Military Intelligence Directorate, the Directorate of military intelligence, Central Office or Anti-corruption border guards – to his superior.



Chapter 4 Terms Article. 164. [Beginning date] the period designated by the Court or the President (of the Court) starts with the announcement in the subject matter of the provision or order, and when the code provides for ex officio service – from its service.

Article. 165. [Calculate] § 1. The time limits shall be calculated according to the provisions of civil law.

§ 2. Putting the pleading in the Polish postal service designated operator within the meaning of the Act of November 23, 2012 – the postal Law or postal service postal provider universal service in another Member State of the European Union is tantamount to bringing him to court.

§ 3. The same applies to the submission of a letter by a soldier in a military unit command or by a person without freedom in administration of criminal undertaking and by Polish crew vessel on the master of the vessel.

Article. 166. [Renewal, shortening] President may with valid reason to extend or shorten the bailiff at the request of the requested before the expiry of the deadline, even without hearing the opposing party.



Chapter 5 the failure and restoration of period Art. 167. [the effects of the expiration of time] procedural step taken by the party after the expiry of the deadline is ineffectual.

Article. 168. [relief] § 1. If a party made within a procedural act without fault, the Court at its request decides to restore the term.

§ 2. The restoration is not permitted if failure does not entail adverse procedural effects for the party.

Article. 169. [request for reinstatement] § 1. Letter of request for restoration of the term be brought before the Court in which the action was supposed to be made within a week since the cessation of the cause of the failure.

§ 2. In the letter, you should lend credence the circumstances justifying the request.

§ 3. At the same time as the proposal page should make procedural.

§ 4. One year after the uchybionego deadline, its restoration is acceptable only in exceptional cases.

§ 5. Order in relation to an application for relief may be granted in private session.


Article. 170. [Inadmissibility restore] it is the restoration of the term for submission of the appeal from the judgment of dissolution of marriage annulment or divorce, or establishing non-existence of marriage, if at least one of the parties has concluded after a final judgment of a new marriage.

Article. 171. [rejection] Late or inadmissible under the Act a request for restoration of the term, the Court rejects.

Article. 172. [suspension of proceedings] request for restoration of the term shall not prevent proceedings or enforcement. However, the Court may, if appropriate, suspend the proceedings or enforcement of a judgment. The order may be issued on the closed session. In the event of an account application, the Court may immediately proceed to resolve the matter.



Chapter 6 the suspension of the proceedings Art. 173. [by law] the proceedings shall be suspended by operation of law in the event of cessation of operations by a court as a result of force majeure.

Article. 174. [mandatory Suspension] § 1. The Court shall suspend the proceedings ex officio: 1) in the event of the death of the party or its legal representative, losing their ability to process the loss by the judicial capacity or the legal representative of the nature of such representative;

2) if the composition of the organs of the organizational unit that is a party to it lacks to prevent it;

3) If a party or its legal representative is located in the village of lacking as a result of extraordinary events to communicate with the headquarters of the Court;

4) if the proceedings applies to bankruptcy, systemic sclerosis or mass sanacyjnej and declared bankruptcy or secondary insolvency proceedings have been initiated or established by the administrator in restructuring proceedings;

5) established an involuntary bankruptcy on proceedings or interim manager in the opening of the proceedings, of the assets concerned proceedings sanacyjnego covered by collateral.

§ 2. In the cases referred to in § 1, paragraph 1 and 4 suspension has effect from the time of the events that caused them. Suspending the proceedings, the Court of its own motion to quash a judgment given following the occurrence of these events, unless they occurred after the close of the hearing.

§ 3. In the cases referred to in § 1, point 4 and 5, the Court will make the official receiver, an interim receiver or a trustee, forced to participate in the case.

Article. 175. [the death of any procedural representative] in the event of the death of any procedural representative proceedings may take place only after further called on the page niestawającej. The summons are served on the side in place of actual residence by notifying her at the same time about the death of the public prosecutor. In the case of this article does not apply. 136 § 2.

Article. 1751 [stay of proceeding] If you substitute sides by lawyers or legal advisers is compulsory, in case of death of a lawyer or a legal adviser, the deletion from the list of lawyers or solicitors, loss of occupation or the loss of the ability of the trial, the Court shall suspend the proceedings of its own motion, specifying the appropriate term to indicate another solicitor or legal counsel, and after the expiry of that take. The recipe article. 175 shall apply mutatis mutandis.

Article. 176. [suspension of the proceedings at the request of the heirs] Court suspends the proceedings at the request of the heirs, if the plaintiff comes against him comply with the obligation to the debt, and not yet made heir to the inheritance of the Declaration of acceptance and deadline for the submission of such statements has not yet expired.

Article. 177. [optional Suspension] § 1. The Court may stay the proceedings on its own initiative: 1) if the decision of the case depends on the outcome of another pending civil proceedings;

2) if requested by a third party against both sides of the main intervention;

3) if the decision of the case depends on the prior decision of the authority of public administration;

4) reveals a deed, which establish by way of a disciplinary or criminal could have an impact on the outcome of the case;

5) in the case of appearance of both parties at the hearing, where the law provides otherwise, and in the event the plaintiff fails to appear, when reason does not require identification of the case in his absence, and the defendant has not made an application for the diagnosis of the case;

6) if as a result of a lack of or wrong indication of the address of the plaintiff or niewskazania by the plaintiff within the prescribed period the defendant's address or data allowing the Court to determine the numbers referred to in article 1. 2081, or failure by the plaintiff to other orders cannot be given on the run.

§ 2. If the criminal proceedings, disciplinary or administrative action is not yet started, and its launch depends on the application side, the Court shall designate a term for the initiation of a proceeding, in other cases, may apply to the competent authority.

Article. 178. [suspension proposal] the Court may also suspend the procedure on the proposal of the parties.

Article. 179. [suspension Effects] section 1. In the event of interruption of the proceedings at the request of the parties compatible, or as a result of their appearance or inability to give on further gear, suspension of judicial appointments run only pauses that continue to run only from the moment of taking the proceedings.

§ 2. In all other cases, no suspension dates do not run and begin to run only from the beginning of time to take proceedings. Judicial appointments should, where necessary, designate.

§ 3. During the suspension, the Court will not take any steps, with the exception of those that are designed to take conduct or security or proof. The steps taken by the parties, and non-transactional these items, produce effects only upon taking the proceedings.

Article. 180. [Taking the proceedings ex officio] § 1. The Court decides to take the proceedings on its own initiative, when the termination of the cause, in particular: 1) in the event of death, the time of the Declaration or the indication of the successors in title of the deceased, or at the moment of the establishment of the correct way drop curator;

2) in the event of loss of judicial capacity-from the moment of establishing the General legal successor;

3) in the absence of a legal representative-at the moment of its establishment;

4) when the outcome of the case depends on the outcome of other proceedings-upon which the decision ending the proceedings it; the Court may, however, and before that, according to the context, to take further proceedings;

5) in the case of: (a) the establishment of a compulsory in managers) on bankruptcy-when the determination of the person that serves as the liquidator of compulsory, b) bankruptcy part or the opening of secondary proceedings, except in the case referred to in article 4. paragraph 145. 1 of the law of 28 February 2003-bankruptcy (OJ from 2015. poz. 233 and 978)-as soon as the determination of the person that serves as the trustee, c) the establishment of a provisional liquidator in the opening of procedure sanacyjnego-as soon as the determination of the person that serves as a temporary Manager, d) establishment of a liquidator in restructuring proceedings-as soon as the determination of the person that serves as the liquidator.

§ 2. If within one year from the date of suspension of the proceeding did not notify or not will be the successors in title of the deceased Party, the Court may of its own motion to a court decline to establish guardian, unless a curator had already been established.

Article. 181. [Taking the proceedings at the request of the] Court decides to take the proceedings at the request of either party: 1) when the proceeding was suspended at the request of the heirs, after the deposit of the Declaration of acceptance or rejection of the inheritance, or after the expiry of the deadline for the submission of such statement;

2) in the case of a suspension at the request of both parties or as a result of the failure to appear is not earlier than after the expiry of a period of three months from the suspension, if the parties in the application for suspension of the identifiers not long term.

Article. 182. [waiver of proceedings], § 1. The Court declares the proceedings suspended on a consistent request of the parties or at the request of the heirs, as well as of the reasons referred to in article 1. 177 section 1 paragraph 5 and 6, if the application for the proceedings has not been requested within one year from the date of the suspension. In addition, the Court barred the proceedings if absence of the successor in title of a party that has lost its judicial capacity and in any case one year after the date of the suspension for this reason. The Court also barred the proceedings in the event of the death of the parties after the expiry of five years from the date of suspension of the proceedings for this reason.

§ 2. Remission of suspended proceedings in the first instance does not deprive the plaintiff of the right of action again, however, the previous lawsuit does not produce any effects that the Act binds with instituting the action.

§ 3. Remission of the suspended proceedings by a Court of a higher court causes validation to the contested decision, except in cases of marriage annulment or divorce, and for the establishment of non-existence of marriage, in which the proceeding then redeems.

§ 4. The redemption procedure to write off the cost of parties in a given instance.

Article. 1821. (repealed).

Article. 183. [Edition the provisions] Provision in relation to the suspension, and redemption of the proceedings may be taken in closed session.



SECTION II proceedings before the courts of first instance Chapter 1 mediation and conciliation Branch 1 Mediation Article. 1831 [Mediate] § 1. Mediation is voluntary.

§ 2. Mediation shall be conducted on the basis of the contract of mediation or court order directing the parties to mediation. The contract may be concluded by the expression by the consent to mediation, if the other party has made a request referred to in article 2. 1836 § 1.

§ 3. In the contract for the mediation the Parties shall specify in particular the subject of mediation, a mediator, or how to select a mediator.


§ 4. Mediation shall be conducted prior to the initiation of the investigation, and with the agreement of the parties in the course of the case.

Article. 1832. [Mediator] § 1. The mediator may be a natural person with full legal capacity, benefiting fully from the rights of the public.

§ 2. The mediator may not be the judge. This does not apply to judges in the rest.

§ 3. Non-governmental organisations in the field of their statutory tasks, and universities can lead the list of mediators and mediation centers. Entry on the list requires the expressed written permission of the mediator. Information about the lists of mediators and mediation centers shall be forwarded to the President of the District Court.

§ 31. Whenever the provisions of this code in mediatorze is mentioned, it is also a permanent mediator, unless the provisions of this code provides otherwise.

§ 4. A permanent mediator may refuse to conduct the mediation only for important reasons, of which it is obliged to immediately inform the parties, and if the parties to mediation came the Court – also the Court.

Article. 1833 [Independence], § 1. The mediator should exercise impartiality in conducting mediation.

§ 2. The mediator shall disclose the circumstances to the parties which could raise doubts about his impartiality.



Article. 1833a. [Methods aimed at an amicable settlement of the dispute] the Mediator conducts mediation, using a variety of methods aimed at an amicable settlement of the dispute, including by supporting the parties in formulating a proposal by, or at the request of the parties compatible settlement may indicate ways to settle the dispute, which are not binding on the parties.

Article. 1834 [mediation] § 1. Mediation is not explicit.

§ 2. The mediator, the parties and other persons involved in the mediation proceedings are required to keep confidential the facts learned in connection with the carrying out of the mediation. The parties may release the mediator and other persons participating in the mediation proceedings from this obligation.

§ 3. Unsuccessful is reference in the course of proceedings before a court or a Court of arbitration in the settlement proposals, proposals for reciprocal concessions, or other statements made in pretrial proceedings.

Article. 1835. [remuneration of the mediator] the Mediator has the right to remuneration and reimbursement of expenses associated with carrying out mediation, unless they agreed to conduct mediation without compensation. Remuneration and reimbursement of expenses shall be borne by the parties.

Article. 1836 [commence mediation] § 1. The initiation of mediation by the following upon the mediator service the request for mediation, accompanied by proof of service of a copy thereof to the other party.

§ 2. Although the delivery of the application referred to in § 1, the mediation shall not be initiated if: 1) a mediator shall, within one week of the date of service of the application for mediation, refused to carry out mediation;

2) the parties have concluded an agreement on mediation, where the mediator as indicated a non-constant a mediator, and that person shall, within a period of one week from the date of delivery of the request for her mediation, refused to carry out mediation;

3) the parties have concluded an agreement to mediation without any indication of a mediator and the person to whom the party has asked for mediation, within one week of the date of delivery of the request for mediation, it has not been to mediation, or the other party within a week per person has not been the mediator;

4) the parties have concluded an agreement on mediation, and the other side did not agree to mediation.

§ 3. If, in the cases referred to in § 2 paragraph 1-3, the party to bring an action for the claim, which was covered by an application for mediation, within three months from the date of: 1) where the mediator or the other party to declare having the effect that mediation has not been initiated or 2) next after the end of the week from the date of delivery of the request for mediation, where the mediator or the other party does not have a statement referred to in paragraph 1, in relation to this claim are preserved the effects provided for the initiation of mediation.

Article. 1837. [request for mediation] a request for mediation shall contain the designation of the parties, the precise request, cite some circumstances justifying the request, the signature of the parties and the reference to the annexes. If the parties have concluded an agreement for mediation in writing, the application shall be accompanied by a copy of this agreement.

Article. 1838 [Refer the parties to mediation] § 1. The Court may refer the parties to mediation at any stage of the proceedings.

§ 2. Order directing the parties to mediation may be issued to a private session. Mediation does not like, if a party within one week from the date of service of the notice or its provisions directing the parties to mediation did not agree to mediation.

§ 3. Provision of § 1 does not apply in matters of debt collection proceedings recognizes and prescriptive, except that there has been an effective filing of objections.

§ 4. The Chairman may invite the parties to participate in the information meeting concerning the amicable dispute resolution, and in particular mediation. Information meeting could lead judge, legal Secretary of the Court, the officer of the Court, Assistant judge or mediator.

§ 5. Before the first meeting of the designated President of the hearing shall be carried out to assess whether to refer the parties to mediation. To this end, the President, if you want to listen to the parties, may invite them to appear on the closed session.

§ 6. If a party without justification does not appear on the information meeting or a meeting of the secret, the Court may charge the cost of the her mandated appearance suffered by the other party.

Article. 1839. [the designation of mediator] § 1. If the parties do not have the choice of the person of the mediator, the Court, the parties to the mediation, appoint a mediator with adequate knowledge and skills in conducting mediation in matters of the kind, taking into account the first regular mediators.

§ 2. The mediator has the right to be acquainted with the acts of the case, unless the party within one week from the date of the notice or service provisions directing the parties to mediation does not agree to consult a mediator with the acts.

§ 3. When referring parties to mediation, the President shall transmit to the mediator the contact details of the parties and their representatives, in particular, phone numbers and email addresses, as long as they have.

Article. 18310. [duration of mediation] § 1. Directing the parties to mediation, the Court shall appoint its duration for a period of up to three months. On the proposal of the parties or other important reasons, time limit for conducting the mediation may be extended, if it will foster ugodowemu settling the case. The duration of the mediation shall not be included for the duration of the legal proceedings.

§ 2. The President shall appoint a hearing after the expiry of the deadline referred to in § 1, and before the expiry, if one of the parties declares that it does not agree to mediation.

Article. 18311. [mediation Meeting] the Mediator shall determine the time and venue of the meeting of the mediation. Appointment of a mediation meeting is not required, if the parties agree to mediation, without the mediation meeting.

Article. 18312. [Protocol] § 1. With the course of the mediation shall be drawn up, which means the place and time of carrying out mediation, as well as the first name, last name, name and addresses of the parties, the name and address of the mediator, and the outcome of the mediation. The minutes shall be signed by the mediator.

§ 2. If the parties conclude a settlement before a mediator, settlement shall be shown in the Protocol or be attached to it. The parties sign the settlement. The inability to sign the settlement agreement the mediator notes in the Protocol.

§ 21. By signing the agreement the parties agree on an instance to the Court with a request for its approval, the mediator shall inform the parties.

§ 3. The mediator shall serve the parties with a copy of the Protocol.

Article. 18313. [request for approval of settlement] § 1. Where a party, after the conclusion of the agreement, within the framework of the mediation conducted under the terms of a mediation, to the Court with an application for approval of a settlement the mediator shall submit a protocol in the Court which would be competent to hear the case, according to general jurisdiction or exclusive.

§ 2. In the case of a referral by the court case to mediation, the mediator shall submit a protocol in the court hearing the case.

Article. 18314. [the proceedings on the approval of the settlement agreement] § 1. If the agreement has been concluded before the mediator, the Court referred to in article 2. 18313, at the request of a party to proceedings shall be carried out without delay the approval of a settlement concluded before a mediator.

§ 2. If the settlement shall be enforced by execution, the court approves it by giving its enforceability; otherwise, the court approves a settlement provision in private session.

§ 3. Court refuses to give enforceability or the approval of a settlement concluded before a mediator, in whole or in part, if the settlement is contrary to the law or the rules of social conduct or intended to circumvent the law, as well as when it is confusing or contradictory.

Article. 18315. [legal effect settlement] § 1. The settlement concluded before a mediator, after its approval by the Court, has a legal agreement entered into before the Court. The settlement concluded before a mediator, which was approved by its enforceability, is the title.

§ 2. Provision of section 1 shall be without prejudice to the provisions of a special form of legal action.



Branch 2 conciliation Article. 184. [court settlement] civil cases, which permits, can be settled by mutual agreement before bringing a lawsuit. The Court considers it an inadmissible if it is incompatible with the law or the rules of social conduct or intended to circumvent the law.

Article. 185. [conciliation] § 1. About zawezwanie to attempt conciliatory-regardless of the jurisdiction-you can refer to the District Court generally applicable to the enemy. In the summons must be concise.


§ 2. Conciliation Court shall be composed of one judge.

§ 3. Meeting shall be drawn up, and if there was a settlement of her osnowę pulls to the Protocol or in a separate document forming part of the Protocol and the States parties ' signatures. The inability to sign the settlement agreement the Court finds in the Protocol.

Article. 186. [Failure] § 1. If the offeror does not appear on the meeting of the Court, at the request of the opponent will put on him the obligation to reimburse the costs caused by an attempt to conciliatory.

§ 2. If the opponent without justification does not appear at the meeting, at the request of the Court requesting that he made then on this lawsuit, will take into account the costs caused by attempting conciliatory in the decision ending the proceedings in the case.



Chapter 2 Article Lawsuit. 187. [content of application] § 1. The application should do comply with the terms of the pleading and moreover contain: 1) precise demand, and in cases of property rights also the indication of the value in dispute, unless the subject matter is the amount of money;

2) cite some facts justifying the request, and if necessary also to justify jurisdiction;

3) whether the parties have attempted mediation or another out-of-court settlement to the dispute, and where such trials have not, explaining the reasons for their failure.

§ 2. The application may contain a request for precautionary measures, giving the judgement to give immediate enforceability and hearing in the absence of the plaintiff and requests for the preparation of the hearing and, in particular, applications for: 1) summons to a designated by the plaintiff witnesses and experts;

2) to inspect;

3), the defendant to deliver to a document which is in his possession, and to the taking of evidence, or the subject of inspection;

4) request for hearing evidence in courts, offices or third parties.

Article. 1871. [the application on the official form] If the reason for which the service provider or the seller is claims arising out of contracts of: 1) the provision of postal services and telecommunications, 2) carriage of passengers and luggage in mass communications, 3) the supply of electricity, gas and fuel oil, 4) providing water and sewage, 5) exports of waste, 6) providing heat energy is required to bring a lawsuit on the official form.

Article. 1872. (repealed).

Article. 188. (repealed).

Article. 189. [an action to establish] the plaintiff may require the determination by the Court of the existence or non-existence of a legal relationship or rights when it has a legal interest.

Article. 1891. [powers of authority] Capacity referred to in article 2. 189, shall also, in the course of the proceeding, the tax authority or tax inspection authority, if the determination of the existence or non-existence of a legal relationship or rights is essential for the assessment of the tax consequences.

Article. 190. [Investigation benefits future] you can obtain future recurrent benefits, if not precludes content linking page the legal relationship.

Article. 191. [accumulation of claims] the plaintiff may assert one lawsuit claims against the same defendant, if they are in the same mode and if the Court has jurisdiction because the total value of the claims, and-when the claims are all kinds of – except in so far as any of these claims is not provided for proceedings, nor there is a decline of the Court under the provisions of the property irrespective of the value in dispute.

Article. 192. [effect of notification of the lawsuit] at the time of service of the statement of claim: 1) in the course of cases brought between the same parties new proceedings involving the same cause;

2) the defendant may bring against the plaintiff counterclaim;

3) disposal of pending cases or law, covered by the dispute, there is no impact on the further course of the case; the buyer may, however, enter the location of the vendor with the authorization of the other party.

Article. 193. [change actions] section 1. Change the action is permissible if it does not affect the jurisdiction of the courts.

§ 2. If the thought of the preceding provision, the change is not acceptable, and the reason for the change in the action that occurs with the new claim next to the original, the Court recognizes new claim as a matter separate, if it is materially and locally competent, and shall refer the matter to the competent court case. But when such change occurs in the District Court, you must pass the entire amended regional court action, which for the amended claim is materially and locally appropriate.

§ 21. With the exception of the cases of maintenance claims change action can only be done in the writing process. The recipe article. 187 shall apply mutatis mutandis.

§ 3. If the plaintiff makes a new claim instead of or next to the original claim, the effects provided for in the preceding article shall begin from the moment when the claim is a reason reported for a hearing in the presence of the defendant, in other cases the service upon the defendant of the letter containing the change and corresponding to the requirements of the statement of claim.

§ 4. (repealed).

Article. 194. [call for participation on] § 1. If it appears that an action has been brought against a person who should be on the side of the defendant, the Court at the request of the plaintiff or the defendant will call that person to participate in the case. A person summoned to attend the on at the request of the defendant may claim reimbursement of the costs of the defendant only if it is found that the claim was unfounded.

§ 2. A person called upon to participate in the case as a defendant may, with the agreement of both parties to join in the place of the defendant, who then will be exempted from participation in the case. In the event of consent to a change of the defendant, the defendant may within a period of two weeks to submit to the Court an application for costs from complainants, regardless of the subsequent outcome of the case.

§ 3. If it appears that an action for the same claim can be brought against others even to people who do not appear on as defendants, the Court, at the request of the plaintiff may call upon these people to participate in the case.

§ 4. (repealed).

Article. 195. [niezapozwane Person] § 1. If it turns out that there are no reasons or as defendants all persons whose combined market share on the necessary, the Court will call the page powodową that has marked the deadline people abstain in such a way that their summons or notice was possible and, if necessary, to has requested the establishment of a curator.

§ 2. The Court will call the person niezapozwane to participate in the case as defendants. People involved in the case as a reason is necessary, the court notifies about the ongoing process. These people can within two weeks of service of the notice to proceed with the case as a reason.

Article. 196. [notice of process] § 1. If it appears that an action has been brought by a person who should be on the Court at the request of the plaintiff, as a claimant notifies about the ongoing process of the person indicated by him. The person may, within two weeks of service of the notice to join the case as a plaintiff.

§ 2. Person notified that has join the case as a plaintiff, may, with the agreement of both parties to join in place of complainants, which will participate on the released. If you agree to change the complainant the defendant may within a period of two weeks to submit to the Court a request for the grant of the existing costs from the person who previously performed as the reason.

Article. 197. (repealed).

Article. 198. [effects of summons and notices], § 1. A call to participate in the case as a defendant, made by the Court in accordance with the preceding articles shall be replaced by taking. People requested the Court will deliver copies of the written pleadings and annexes.

§ 2. The legal effects which the Act binds with instituting proceedings in respect of persons zawiadomionych in accordance with the preceding articles follow upon the accession of these people to the cause as reasons.

§ 3. Persons invited to participate in the case, and also the person notified in accordance with the preceding articles of the ongoing process, which in time have raised their joining the case as a reason, they can at the first procedural Act require the repetition of past conduct, in whole or in part, according to the circumstances of the case.

§ 4. In relation to the persons called to participate in the case and zawiadomionych people who came forward to join the case, shall apply mutatis mutandis the rules of participation.

Article. 199. [conditions for rejection], § 1. Court rejects lawsuit: 1) if the judicial route is unacceptable;

2) if the same claim between the same parties, the matter is in progress or has already been legally judged;

3) if one of the parties does not have a judicial capacity, or if the plaintiff does not have the capacity to process, and does not work for him, the legal representative or if the composition of the organs of the organizational unit, which is the reason it lacks to prevent it;

4) (repealed).

§ 2. Due to the lack of judicial capacity of one of the parties or the ability of the plaintiff and process non-legal representative or in the composition of the organs of the organizational unit, which is the reason why preventing its action, the Court rejects the lawsuit only when there is no will be supplemented in accordance with the provisions of the code.

§ 3. The rejection of the petition can take place in private session.

Article. 1991. [the lack of grounds for rejection] Court may not dismiss the lawsuit on the grounds that to resolve the matter with an authority of public administration or administrative court, if public administration body or an administrative court found in this case, inappropriate.


Article. 200. [the Court Decline] § 1. The Court, which finds its decline, it passes the case to the competent court. Order of the Court may be taken in closed session.

§ 2. The Court to which the case was referred, is bound by the provisions of the case. This does not apply to the case of the transfer of the case to the Court of a higher order. The Court in the event of a finding of impropriety of his passes the case to another court that it considers appropriate, including the Court of the transferor.

§ 3. The steps made in the Court of the wrong shall remain in force.

Article. 201. [mode Test procedure] § 1. The President examines what mode the case should be resolved and whether it is subject to proceedings under the provisions of a separate diagnosis, and it seems the relevant Ordinance. In the cases provided for in the law the President appoints an undisclosed meeting for the purpose of issuing an order to pay in debt collection proceedings.

§ 2. If the matter were initiated or carried out in the wrong, the Court will recognize it in the right mode or transfer to the competent court to hear in this mode. In the case of transmission shall apply by analogy the provisions of § 2 and 3 of the preceding article. Each party may, however, require a repetition of the activities of the Court were made without its participation.

Article. 202. [examination of the grounds of impropriety] giving court to decline to delete by agreement between the parties, the Court shall take into consideration only the plea of the defendant, requested and duly justified before wdaniem in the dispute on the merits of the case. The Court will not examine ex officio this issue well before service of the petition. If special provision provides otherwise, the circumstances which justify the dismissal of the lawsuit, as well as wrong procedures, lack of proper attachment of any representative, the lack of ability of the trial of the defendant, not the composition of its organs or failure of his legal representative, the Court shall take into consideration ex officio in every State of the matter.

Article. 2021 [the contract of mediation] if the parties prior to the initiation of legal proceedings have concluded an agreement on mediation, the Court directs the parties to mediation on the plea of the defendant requested before wdaniem in the dispute on the merits of the case.

Article. 203. [Revocation petition] § 1. The lawsuit can be revoked without the authorisation of the defendant until the start of the hearing, and if the withdrawal is a waiver of claim-until the judgment.

§ 2. The lawsuit withdrawn does not produce any effects that the Act binds with instituting the action. At the request of the defendant if the court costs him returns the reason already had not held legally to their payment by the defendant.

§ 3. In the event of withdrawal of the application in addition to hearing the President revokes designated hearing and to withdraw shall notify the respondent, who may within a period of two weeks to submit to the Court an application for costs. When the effectiveness of the withdrawal of the lawsuit depends on the consent of the defendant, the failure by the statements on the subject in the above period shall be deemed consent.

§ 4. The Court may be considered unacceptable withdrawal of application, waiver or limitation of the claim only if the circumstances of the case indicate that these actions are contrary to the law or the rules of social conduct or seek to circumvent the law.

Article. 204. [counterclaim] § 1. Counterclaim is allowed if a counterclaim is in relation to the claim of the plaintiff or suitable for set-off. Counterclaim may be brought, or in response to a lawsuit, or separately, but not later than on the first trial, either in the opposition proceedings from the judgment by default.

§ 2. A lawsuit that asks the court petition. However, if the claim is subject to the reciprocal recognition by the circuit court, and the case was pending in the District Court, the Court shall forward the whole thing to the court competent to hear the counterclaim.

§ 3. The provisions relating to the application shall apply mutatis mutandis to the application of mutual.

Article. 205. [referral regional court], the District Court may, at the request of the defendant, until the close of the hearing, refer the matter to the regional court, if the defendant brought against the plaintiff before the Court an action affecting the plaintiff's claim or because he has a relationship with him, or because the claims of the parties are suitable for set-off.



Dissertation Chapter 3 Article. 206. [the designation of the term] § 1. The term hearing shall appoint the Chairman. At the same time as fixing the first trial is managed by the service of the petition, and according to the need to appoint the judge-rapporteur.

§ 2. At the time of service of the petition and summons to the first trial, the defendant shall be advised of the following: 1) legal proceedings which could or should take if it does not recognize the request in whole or in part, and in particular about the possibility or the obligation to bring an answer to the lawsuit, including the rules in force in this respect, the requirements as to the time and form, or submit their proposals, statements and evidence at the hearing;

2) consequences of failure to do so, and in particular about the possibility of a court judgment by default and conditions of feasibility and the defendant's burden to pay the costs;

3) the possibility of establishing by the defendant of any procedural representative concerned and the lack of mandatory representation by a lawyer or solicitor.

Article. 207. [response to lawsuit] § 1. The defendant may, before the first meeting of the designated trial bring a response to the lawsuit.

§ 2. The President may order the transfer of a defence within the prescribed period, not less than two weeks.

§ 3. The President may also before the first meeting of the designated trial commit the parties to submit further preparatory writings, indicating the order of submission of writings, the period within which it must be lodged and the circumstances to be clarified. In the course of the case filing preparatory writings follows only if the Court so decides, unless that letter covers only the application for the taking of evidence. The Court may issue an order to the closed session.

§ 4. In the cases referred to in § 3, the President or the Court may hear the parties in private session.

§ 5. By managing the delivery of the petition, the response to the lawsuit or filing any further preparatory writings, the Chairman or, if the Court decided the case in the course of preparatory writings, lecture about the content of the page section 6.

§ 6. The Court omits late claims and evidence, unless the party uprawdopodobni that did not report them in a lawsuit, an answer to a lawsuit or further preparation in writing without fault or that the consideration of late allegations and evidence will not result in a delay in the diagnosis of the case or that there are other exceptional circumstances.

§ 7. The answer to the claim of a violation of section 2 shall be reimbursed; also a preparatory letter shall be reimbursed with violation of section 3.

Article. 208. [hearing Preparation] § 1. The President, according to the circumstances, the issue before the hearing on the basis of the statement of claim or other pleadings Ordinance aimed at preparation of the dissertation. The President may, in particular: 1) invite the parties to appear at the hearing in person or by proxy;

2) request for a hearing from the State of the organizational unit, or organizational unit of local government in their evidence, if the page itself may not receive evidence;

3) call for trial indicated by the witnesses;

4) call for trial of the person appointed as experts by the parties;

5) order the production of documents, to inspect the items, books, plans, etc.

§ 2. The President may also, in the event of necessary needs, order a Visual inspection before the hearing.

Article. 2081. [Establishment of the Office of the social security number or TAX IDENTIFICATION NUMBER of the respondent] Court of the Office shall determine the social security number of the defendant who is a natural person, if he/she is obliged to his possession or has it not having such an obligation, or a number in the national court register, and in case of his absence, the number in other appropriate registry, records or TAX IDENTIFICATION NUMBER of the defendant which is not a natural person, who is under no obligation to an entry in the appropriate register or records If it is obliged to its ownership.

Article. 209. [Absent], each party may, in writing, request a hearing to conduct procedural in her absence.

Article. 210. [Process hearing] § 1. The hearing shall take place in such a way that after calling the case the first plaintiff, then the defendant is report orally their requests and applications and submit the claim and evidence in their support. The parties may also indicate the legal bases of its claims and proposals. At the request of the Prosecutor, the Court shall grant him a vote in each State hearing; article. 62 do not apply.

§ 2. Each party is required to make a declaration as to the claims of the opposing party, about the facts.

§ 21. The Court shall instruct the applicant party on without a lawyer, solicitor, patent attorney or the State Attorney General of the State Treasury on the content of the article. 162, 207, 217, 229 and 230.

§ 22. The Court advised the parties of the possibility of an amicable settlement of the dispute, in particular by way of mediation.

§ 3. In addition, the hearing shall include, as appropriate to the circumstances, of evidence and explore its results.

Article. 211. [the absence of the parties at the hearing] in the absence of the parties at the hearing the Chairman or designated by the judge rapporteur presents her conclusions, the claim and the evidence contained in the case file.

Article. 212. [Encourage reciprocal representation of the parties by not claims, evidence and explanations and to determine the circumstances of the dispute] 1. The Court at the hearing by asking questions to the Parties shall endeavour to ensure that the przytoczyły page or have corrected the allegation or evidence of their support and provide explanations necessary for complying with the truth establish the basis of the actual assert rights or not. In the same way, the Court seeks to clarify the relevant circumstances of the case that are in dispute.


§ 2. In the event of justified need, the Chairman may give to the parties the necessary teachings, and according to the circumstances, draws attention to the desirability of the establishment of a public prosecutor.

Article. 213. [Appreciation actions] section 1. Commonly known facts, the Court shall take into account, even without the appointment to the parties.

§ 2. The Court is bound by the recognition of an action, unless the recognition is contrary to the law or the rules of social conduct or intended to circumvent the law.

Article. 214. [postponement of hearing] § 1. The hearing is deferred, if the Court finds an irregularity in the service of the summons or if the absence of a party is called an extraordinary event or other known to the Court an obstacle that cannot be overcome.

§ 2. The Court may convict on a fine site, if cited in bad faith on the false circumstances that have resulted in postponing the hearing.

§ 3. If false the circumstances which resulted in postponing the trial, have been created in bad faith by the representative party, the Court may convict him to pay a fine.

Article. 2141. [excuse the appearance because of illness], § 1. Excuse failure to appear due to illness of the parties, their legal representatives, agents, witnesses and other participants in the proceeding, subject to the presentation of a certificate confirming the failure to appear on the summons or notice of the Court, issued by a doctor.

§ 2. Provision of section 1 shall not apply to persons deprived of their liberty, which lie appearance due to illness shall be governed by separate laws.

Article. 215. [Postponement of the trial] Hearing is deferred, if the Court decides to invite to participate in the case or to inform the ongoing process of people who previously had no proceedings as plaintiffs or defendants.

Article. 216. [Appearance] the Court may, in order to further clarify the status of the case order the appearance of the parties or one of them personally or by proxy.

Article. 2161. [minor Hearing by the Court] § 1. The Court in matters relating to the person of a minor child will listen to them if his mental development, health and degree of maturity permits. The hearing takes place outside the meeting room.

§ 2. The Court according to the circumstances, mental development, health status and the degree of maturity of the child shall take account of its opinion and reasonable wishes.

Article. 217. [presentation of facts and evidence] § 1. May until the close of the trial on the facts and evidence to justify their requests, or for defense applications and the claims of the opposing party.

§ 2. The Court omits late claims and evidence, unless the party uprawdopodobni that did not report them in a timely manner without fault or that late allegations and evidence will not result in a delay in the diagnosis of the case or that there are other exceptional circumstances.

§ 3. The Court ignores the claims and evidence, if they are established only for the delay or the circumstances of the dispute have already been sufficiently explained.

Article. 218. [a separate hearing] the Court may order a separate trial for the lawsuit and mutual, as also every one of several linked claims in one lawsuit, either the main or mutual, or in relation to individual participants.

Article. 219. [Total diagnosis matters] the Court may order a combination of several separate cases pending before him, with a view to their total diagnosis or also the settlement, where they are in relation to each other, or may be covered by a single application.

Article. 220. [Limitation of the trial] Court may limit the hearing to individual complaints or issues.

Article. 221. [the burden of Defense] the respondent could not refuse to wdania in the dispute on the merits of the case, although he made the allegations.

Article. 222. [Dismissed allegations of formal] dismissing the allegations, which include reject the petition, the Court shall issue a separate order and may suspend further identification of the matter, until the date of this order. Dismissal of the other allegations, the Court finds the decision was based on the formal ending, citing the reasons for the decision.

Article. 223. [court settlement] § 1. The President should in due time induce the parties to reconciliation, especially at the first meeting, after an initial explanation of the position of the parties. Osnowę settlement agreement concluded before the court draws to the Protocol of the trial or in a separate document forming part of the Protocol and the States parties ' signatures. The inability to sign the settlement agreement the Court finds in the Protocol.

§ 2. The recipe article. 203 section 4 shall apply mutatis mutandis.

Article. 224. [Closing hearing] § 1. The Chairman closes the hearing after the evidence and giving voice to the parties.

§ 2. You can close the hearing also when to be interviewed yet proof by the judge designated or by the requested court or when it has to be proof to the Act or explanations of public administrations, and hearing what these evidence the Court deems excess.

Article. 225. [the re-opening of the trial] Court may closed the hearing open.

Article. 226. [appeal from orders of the President] from orders of the President in the course of the hearing, the parties may have recourse to the Court.



SECTION III Evidence Chapter 1 subject-matter and the assessment of evidence Art. 227. [the subject of evidence] subject to proof of facts are designed for the settlement of a matter of vital importance.

Article. 228. [notorious Facts, officially known] § 1. Commonly known facts do not require proof.

§ 2. The same applies to the known facts to the Court officially, however, the Court should call attention to hearing parties.

Article. 229. [Facts granted] does not require proof of facts in the course of proceedings granted by the other party, if the grant is beyond doubt.

Article. 230. [the facts deemed to be granted] where a party did not give an opinion as to the claims of the opposing party of the facts, the Court, taking into account the results of the entire hearing, can these facts be considered granted.

Article. 231. [Presumption of fact] the Court may be considered established facts important for the settlement of a matter, if such application, you can derive from other established facts (presumption of fact).

Article. 232. [burden of proof] the parties are required to indicate the evidence to establish the facts, from which are derived the legal consequences. The Court may admit evidence discouraged by the party.

Article. 233. [Free assessment of the evidence], § 1. The Court shall assess the reliability and power of evidence according to their own beliefs, based on a comprehensive consideration of the collected material.

§ 2. The Court will assess, on the same basis, the importance given to refusing to submit by the evidence or obstacles posed by her in his conduct despite the court order.

Article. 234. [presumption of law] the presumption laid down by law (legal presumption) the Court; may, however, be overturned whenever that Act does not turn off.



Chapter 2 General provisions Article 1 branch of evidentiary Proceedings. 235. [legal aid], § 1. The investigation of evidence takes place before a court Panel, unless opposed to the nature of the evidence or the sake of serious inconvenience or cost niewspółmierność in relation to the subject matter of the dispute. In such cases, the adjudicating court will order the taking of evidence one of its members (the judge appointed) or to another court (Court).

§ 2. If the nature of the evidence to this does not preclude the Court, the Panel may decide that it will be carried out using technical devices to make this action at a distance. The Court Panel shall be proof in the presence of the requested court or the clerk of the Court in this judgment.

§ 3. The Minister of Justice shall determine, by regulation, the types of devices and technical measures that enable the taking of evidence, how to use this kind of equipment and resources, as well as a way of storing, reproducing and copying the entries made during its conduct, bearing in mind the need for appropriate security of a fixed image or sound from loss of proof, his distortion or unauthorised disclosure.

Article. 236. [Provision of evidence] in order to proof the Court mark facts subject to finding means of evidence and, according to circumstances-a judge or the Court, which is proof of the conduct, and Furthermore, if it is possible, the time and place of the taking of evidence. By appointing a judge of the Court may leave him the designation of the date of the taking of evidence.

Article. 237. [Failure] If the parties of the date shall not prevent the taking of evidence, unless the presence of the parties or one of them proves to be necessary.

Article. 238. [Signature of the Protocol], § 1. Protocol, drawn up in accordance with article 4. 157 § 11, containing the process of evidence before the designated judge or before the requested court, sign, but the referee and minute-taker, also heard and, if they are present.

§ 2. The refusal or inability to sign in the Protocol.

Article. 239. [designated by the judge and requested court] Judge appointed and the Court called upon to the extent they govern the taking of evidence of the right of the President and the law of the court seised of the case. Their failure may bring to the attention of the Court not later than on the next trial.

Article. 240. [change the provisions of] § 1. The Court is not bound by its provision of evidence and it can be appropriate to repeal or change even in private session.

§ 2. The designated judge and the requested court may make the order at the request of a party the court seised of the case by hearing new witnesses to the facts indicated in this provision.

Article. 241. [the proceedings Supplement] the Court Panel may order a repeat or supplement evidence.


Article. 242. [Obstacles] if the evidentiary proceeding encounters obstacles of an unspecified duration, the Court may determine a time limit after which the end proof may be carried out only if it does not it will cause a delay in the proceedings.

Article. 243. [prima facie evidence] Behavior detailed rules for evidence is not necessary, whenever the law provides for prima facie evidence rather than proof.



Branch 2 Article Documents. 244. [official documents], § 1. Official documents, drawn up in the prescribed form by the set up to the public authorities and other public authorities within the scope of their activities, constitute evidence of what was in them officially certified.

§ 2. Provision of section 1 shall apply mutatis mutandis to official documents drawn up by the professional organisations, credit unions, and other non-governmental organizations in the field of outsourced to them by law matters in the field of public administration.

Article. 245. [private Document] the private Document is proof that the person who signed it, filed a statement contained in a document.

Article. 246. [Proof] If the Act or agreement of the parties require for legal action behavior in writing, evidence of the witnesses or the parties between the participants of the action on the fact of it is admissible in the case when the document covering the action has been lost, destroyed or taken by a third party, and if the writing was reserved only for purposes of proof, including in the cases referred to in the code of civil law.

Article. 247. [Limitation] the evidence of the witnesses or the parties against warp or over the osnowę of the document, including a legal act may be authorized between the participants that Act only in cases where it does not lead to circumvention of the form reserved under the pain of nullity and when due to the particular circumstances of this case, the Court considers it necessary.

Article. 248. [obligation to submit document] § 1. Everyone is obliged to submit the order of the Court in a given time and place the document in his possession and which is the proof for the settlement of the case, unless the document contains classified information.

§ 2. From the above, it may revoke the who what to the circumstances covered by the content of the document as a witness could deny testimony or who has a document on behalf of a third party, which could have the same reasons oppose the presentation of the document. However, and the production of a document shall not be refused when the holder or a third party are required to respect, even if one of the parties or if the document is in the interests of the parties, which requires the taking of evidence. May not also refuse production of a document, if the injury that would be exposed by it, is losing in the process.

Article. 249. [documents companies] section 1. In matters relating to industrial or commercial enterprise, where the invocation of one of the parties on the books and documents of the company, you must provide the Court, if the Court finds for the lift.

§ 2. When there is significant difficulty in delivery of the papers to the Court, the Court may review them on the spot or have a judge designated for their review and to draw up the necessary.

Article. 250. [a copy of the document and extract] § 1. If the document is in the acts of the authority referred to in article 2. 244 section 1, you only need to submit a certified copy of the official or an extract from the document. The Court requests the grant of a copy or extract, if a party for itself it may not.

§ 2. If the Court deems it necessary to review the original document, may order that it delivered for trial, or view it on the spot designated by the judge or by the entire composition of the Court.

Article. 251. [denial of present document] For an unjustified refusal to produce the document by a third person, the Court, after hearing the parties and for the legitimacy of refusal will convict a third person to pay a fine. The third party has the right to demand reimbursement of the expenditure connected with the presentation of the document.

Article. 252. [denial of the accuracy of the official document] which denies the veracity of official document or argues that the representations of the body, from which it is derived, are incompatible with the truth, these circumstances should prove it.

Article. 253. [denial of the accuracy of a private document] if a party denies the veracity of a private document, or claims that the statement of the person who signed them, it does not come, these circumstances is required to prove it. However, where the dispute concerns a document originating from private persons other than the party, which denies the authenticity of the document should prove a party that wants to use it.

Article. 254. [Examination with the participation of experts] § 1. Testing the veracity of the letter shall be carried out with the participation of or without the participation of the experts, in particular by comparing the handwriting on the document from zakwestionowanym by letter dated the same person on other documents undoubtedly real. If necessary, the Court may invite a person from which the letter originates, on deadline, in order to write when her words.

§ 2. From the sample waiver letters released is the one who asked whether writing on a document is genuine, he could refuse to witness testimony.

§ 3. The Court may apply to a third party who has not exercised the Court regulations issued pursuant to the preceding paragraphs, the same compulsory measures as to witnesses.

§ 4. The third party may, on a par with the witness claimed expenses necessary in connection with court appearances in the Court, and in addition to compensation for the loss of earnings.

Article. 255. [Fine] which in bad faith or had reported complaints provided for in article 4. 252 and 253, shall be punishable by a fine.

Article. 256. [sworn translator], the Court may require that a document in a foreign language was translated by a sworn translator.

Article. 257. [Document corrupt] Court will assess, on the basis of the circumstances of a particular case, if and in so far as the document retains the strikethrough text, despite conclusive podskrobań or other damage.



Branch 3 witness Article. 258. [Proof of the witnesses] home based on the evidence of the witnesses is required to accurately determine the facts, to be the testimony of the various witnesses stated, and witnesses, to call them to court.

Article. 259. [the impossibility of being a witness] Witnesses may not be: 1) persons unable to perceive or to communicate their insights;

2) the military and officials from niezwolnieni keep secret classified information classified "proprietary" or "confidential" if their testimony would be combined with its violation of;

3) the representatives of the parties and legal persons that can be heard as a party organ of the legal person or other organization with a judicial capacity;

4) jednolici contributors.

Article. 2591. [secrecy mediation] the Mediator may not be a witness as to facts of which he learned in connection with the carrying out of the mediation, unless the parties to exempt it from the obligation to maintain secrecy.

Article. 260. [Współuczestnik as a witness] Współuczestnik the dispute, other than a single associate, can be a witness as to facts concerning only other an enjoined party.

Article. 261. [right to refuse testimony] § 1. No one has the right to refuse to testify as a witness, except in the case of parties, their spouses, descendants and siblings and powinowatych in the same line or degree, as well as people from the parties in respect of inter-country adoption. Right to refuse testimony runs after the end of a marriage or the dissolution of the adoption relationship. However, the refusal to testify is not permissible in cases of State of law, except in cases of divorce.

§ 2. A witness may refuse to answer a question he asked, if the testimony could expose his or his loved ones, as listed in the preceding section on criminal liability, shame or painful and direct injury or if the testimony would be combined with a substantial violation of professional secrecy. Cardinal may refuse to testify as to the facts of the tasks entrusted to him for confession.

Article. 262. [content of summons witness] the Court, calling the witness, replace in first name, last name, and all the requested place and time of the hearing, the names of the parties and the subject matter of the case and a concise osnowę rules on penalties for infringement of obligations of a witness, and, moreover, the reimbursement of necessary expenses associated with court appearances, and remuneration for loss of earnings.

Article. 263. [Hearing disabilities] hearing of people affected by disease or disability occurs at the place where they are staying, if not leave it.

Article. 264. [the order of examination of witnesses] the order of examination of witnesses shall mean the President. The witnesses, who did not have yet to testify may not be present at the questioning of other witnesses.

Article. 265. [Translation] 1. To interview a witness niewładającego Polish language enough, the Court may take.

§ 2. To the translators shall apply mutatis mutandis the provisions of experts. An employee of the justice authorities can perform the duties of an interpreter without the submission of the pledge, but with the appointment of the official oath.

Article. 266. [Letter, promise] § 1. Before the hearing, a witness tells him about the right to refuse testimony and criminal liability for submitting false testimony.

§ 2. Hearing begins with the witness tasks questions about his person and the relationship to the parties.

§ 3. If the witness is to testify, the President receives from him a promise, after being requested to him about the importance of this Act.


Article. 267. [exemption from submission of the pledge] make oath witnesses juveniles who have not completed the seventeen years of age, and persons who have been convicted by a final judgment for false testimony. Other witnesses may be released with the consent of the parties by the Court since the submission of the pledge.

Article. 268. [content of the oath] replaced by the oath is as follows: "aware of the meaning of my words and accountability before the law promise solemnly that I will speak the truth sincere, not hiding from what is known."

Article. 269. [Filing oath] § 1. A witness, repeating a promise made by the judge or by reading aloud the text of the oath, and all – with the exception of judges-stand.

§ 2. Deaf and deaf lay promise by signing his text or with the help of an expert.

Article. 270. [the second hearing of a witness] in the event of repeated questioning of a witness recalls it previously made promise.

Article. 271. [taking of evidence] § 1. Witness testimony is made orally, starting with the answers to the questions of the President, and from what source it is known him on, after which the judges and the parties may in the subject to ask him questions.

§ 2. Deaf and deaf submit testimony in writing or with the help of an expert.

Article. 272. [Confrontation] Witnesses whose testimony contradicted each other, can be confronted.

Article. 273. [testimony of witness] § 1. The testimony of a witness, after signing the Protocol, drawn up in accordance with article 4. 157 § 11, he will read and according to the circumstances on the basis of his comments supplemented and corrected.

§ 2. Witness may depart from the Court not earlier than after obtaining the authorization for it.

Article. 274. [If a witness] § 1. For Unexcused failure to appear the Court will convict a witness to a fine, and will make it again, and in the event of a re-appearance will doom him to a fine and may order his involuntary introduction.

§ 2. The provision of the preceding paragraph shall apply mutatis mutandis to the witness, who was dismissed without the permission of the President.

Article. 275. [excuse the appearance] Witness within one week from the date of notification of the provisions he conviction it to pay a fine or at the first meeting, which will be requested, it may justify their failure. If the Court fails to excuse relieves witness from fines and compulsory introduction. Order of the Court may be taken in closed session.

Article. 276. [the consequences of a refusal to testify] § 1. For an unjustified refusal to testify or promise to the Court, after hearing the Parties present as to the merits of the refusal, will convict a witness to a fine.

§ 2. Regardless of the above fine, the Court may order the arrest of a witness at a time not exceeding one week. The court sets aside the arrest, if the witness makes a confession or promise or if the case was completed in the instance in which the evidence of the witness was released.

Article. 2761. [pulling the soldier liable] in the event of misconduct by a soldier in active military service obligations referred to in article 1. 274 and 276, the Court, instead of condemn a soldier for a fine, the Commander of the military unit in which the soldier serving for pulling him liable to disciplinary action.

Article. 277. [reimbursement of expenses, salary] a witness has the right to demand reimbursement of necessary expenses associated with an appearance in the Court, and in addition to compensation for loss of earnings. The President may grant an advance of witness travel expenses and maintain at the place of hearing.



Division 4 opinion of experts Article. 278. [the expert Call] § 1. In cases requiring special messages the Court after hearing the proposals of the parties as to the number of experts and their choice may invite one or more experts to obtain their opinion.

§ 2. The adjudicating court could leave the right to choose the judge or court appointed expert to the requested Party.

§ 3. The Court marks whether the opinion is to be presented orally or in writing.

Article. 279. [the admission of evidence of experts] the admission of evidence of experts may be followed by a private session after hearing the proposals of the parties as to the number of experts and their choice.

Article. 280. [refusal obligation] designed for the expert may not accept your obligation to it for reasons which entitle a witness to refuse to testify, and because of obstacles that prevents her opinion.

Article. 281. [the expert Exemption] until completion of the activities of the expert may require its exclusion for reasons of which you can request the exclusion of the judge. When the page throws an application for exclusion of an expert after the commencement of the Act, it is required to lend credence that the reason for the exclusion was created later, or that had not been her.

Article. 282. [content of the oath] § 1. The expert shall before the commencement of the activities promise with the following wording: "Conscious of the importance of my words and accountability before the law promise solemnly that the statutory duties entrusted to me will do all in being conscientious and impartiality".

§ 2. Besides the promise of experts shall apply by analogy the provisions concerning the oath of witnesses.

Article. 283. [exemption from the oath] § 1. The expert shall not pledge, when both parties so agree.

§ 2. Judicial expert standing promise made only by taking the position, and relies on matters not.

Article. 284. [the expert's Participation in the proceedings] the Court may order the presentation of expert file and inspect the item and the order to took part in the proceedings, the evidence.

Article. 285. [the report], § 1. The report should contain a statement of reasons.

§ 2. Experts may submit an opinion.

§ 3. If the expert could not yet provide a comprehensive opinion, the Court shall designate a term added to the her.

Article. 286. [additional opinion] the Court may require an oral explanation of the opinion on the writing, it can also, if necessary, request a further opinion from the same or other experts.

Article. 287. [Punishment of an expert] for unjustified failure to appear for an unjustified refusal to submit commitment or opinion or unjustified delay in the submission of its opinion, the Court will convict the expert to a fine.

Article. 288. [the expert's Remuneration] the expert has the right to demand remuneration for the appearance to court and work done. The President may grant expert an advance on expenses.

Article. 289. [the application of the provisions of the witnesses] to request and the hearing of experts shall apply to boot up witnesses, with the exception of those provisions for the compulsory import.

Article. 290. [opinion of the relevant Institute], § 1. The Court may request the opinion of the relevant scientific or research and scientific Institute. The Court may request the Institute of additional explanations or written, oral or by designated to this person, it can also be ordered by submitting additional opinion by the same or another Institute.

§ 2. In the opinion of the Institute shall indicate the persons who have carried out research and delivered an opinion.

Article. 2901 [deliberative Opinion judicial team specialists] § 1. In family matters and the Court may request the opinion of the deliberative judicial team specialists.

§ 2. The Court may request the judicial clarification specialists team deliberative or written, oral or by designated to this person, it can also be ordered by submitting additional opinion by the same or another opiniodawczy a team of forensic specialists.

§ 3. In the opinion of the Court shall indicate the specialists team deliberative person, which conducted research and issued an opinion.

Article. 291. [Remuneration] Scientific Institute or scientific research may require remuneration for work done and for the appearance of its representatives.



Branch 5 Visual inspection of the Article. 292. [the inspection Order] the Court may order an autopsy without the participation or the participation of experts, and as appropriate – also in combination with hearing witnesses.

Article. 293. [Present item Inspection,] the provisions on the obligation to submit a document shall apply mutatis mutandis to the present subject of the inspection. The nature of the subject allows it and there it is combined with significant costs, shall be subject to inspection, provide to the Court.

Article. 294. [to allow completion of the inspection] if the inspection is held by a third party, and Visual inspection to be made at the place where the item is located, the person should be called the date of inspection and is required to facilitate access to the object.

Article. 295. [failure to inspect] § 1. A third person within three days of the service of the summons it may important reasons require the requesting court the omission of the inspection.

§ 2. Before the diagnosis to request a third party, the Court did not proceed to the inspection.

Article. 296. [Fine] a third person, who without legitimate reasons does not apply to orders in the subject matter of the inspection, the Court will convict on the fine.

Article. 297. [reimbursement of expenses, salary] third party called the date of inspection has the right to demand reimbursement of necessary expenses associated with court appearances, and compensation for loss of earnings on a par with a witness, and in addition to the reimbursement of the expenditure connected with the delivery of the subject of the inspection.

Article. 298. [inspection of a person] an autopsy of a person can be held only by permission.



Division 6 hearing the parties Art. 299. [Admission of proof] if, after running out of means of proof or in their absence the remaining unexplained facts relevant to the adjudication of the matter the Court to explain those facts may allow a witness from the hearing of the parties.

Article. 300. [legal person] § 1. As a legal person, the Court will hear the person forming part of the body is authorized to represent, while the Court decides whether to hear all these people, or only some of them.


§ 2. For the State Court may hear as part of the person appointed to represent the State of the organizational unit from which the activity relates to asserted a claim, or other designated person.

Article. 301. [Action for the marked person] If the action is brought by the public prosecutor or a non-governmental organisation for the benefit of the designated person, be heard as a complainant that person, even if not acceded to it.

Article. 302. [Hearing the parties, minor] § 1. When the actual or legal reasons, you can hear what the circumstances of the dispute, one party only, the Court will assess whether, despite this you must hear this page or this evidence omitted entirely. The Court will act in the same way, when the other party or some of the participants of the defaulting on hearing the parties or refused to testify.

§ 2. In the cases of persons placed under the parental responsibility, custody or guardianship of the discretion of the Court depends on the hearing, or the page itself, or its legal representative, or both.

Article. 303. [Hearing] the Court will hear first hand without receiving the promise. If the hearing is not displayed enough of the facts, the Court may hear according to your choice of one of the parties again, after receiving a promise from her. Hearing of one of the parties as to a fact of receiving from her oath does not exclude such hearing the other parties to the other.

Article. 304. [the letter] prior to the hearing, the court notifies the parties that are required to testify the truth and that according to the circumstances, may be heard again after receiving a pledge from them. Before receiving the oath, the Court warns of criminal liability for submitting false testimony. Besides to the hearing of the parties and the submission of the pledge shall apply mutatis mutandis the provisions concerning witnesses, with the exception of the provisions on compulsory measures.



Division 7 other evidence Art. 305. [blood test Group], the Court may admit evidence of massive blood tests.

Article. 306. [Understanding IP] Retrieve blood for testing may take place only with the consent of the person to whom the blood to be taken, and if the person has not completed thirteen years or is incapacitated completely – with the consent of her legal representative.

Article. 307. [taking of evidence, the report], § 1. In order to carry out proof of massive blood tests, the Court invites the expert to download blood, examine it and submit a report of the results of this examination, together with the final opinion.

§ 2. The report of the Group of blood tests should include a statement of whether the verified identity of the persons to whom they duly blood has been collected, and an indication of how to perform the test. The report shall be signed by the person who conducted the test, and if the blood was taken by another person, blood collection should be established her signature.

§ 3. Collection of blood and send it to the Institute, referred to in article 1. 290, you can instruct expert of the place of residence of the parties or of the Forum.

Article. 308. [fixing nuts Apparatus] § 1. The Court may admit evidence from film, television, photocopies, photographs, plans, drawings and plates or tapes and other audio equipment or just transferring images or sounds.

§ 2. The evidence referred to in the preceding paragraph, the Court shall, when applying the provisions on proof of inspection and proof of documents.

Article. 309. [other means of proof] of the taking of evidence by other means of proof than those mentioned in the preceding articles, the Court shall determine, in accordance with their nature, applying the appropriate rules of evidence.



Chapter 3 Protection of evidence Art. 310. [security target] prior to the initiation of the proceedings at the request of, and also in the course of proceedings of its own motion, you can secure evidence where there is fear that his conduct becomes impossible or too difficult, or if for other reasons you want to find an existing State of affairs.

Article. 311. [Court] an application to secure evidence shall be filed in the Court to hear the case, and in cases of urgency or where the procedure has not yet been initiated, in the District Court in whose jurisdiction the witness is to be carried out.

Article. 312. [Contents of the request] the request should include: 1) the designation of the applicant and the opponent and other interested persons, if known;

2) an indication of the facts and evidence;

3) reasons for the need to safeguard evidence.

Article. 313. [Release security] the security of evidence could be admitted without the opponent's request only in cases of urgency or where the enemy cannot be identified or if his place of residence is not known.

Article. 314. [taking of evidence], the Court calls on the interested on the term designated for the taking of evidence; However, in urgent cases, the taking of evidence can be started even before the service of the summons to the enemy.

Article. 315. [failure to supplement the proceedings], § 1. The Parties shall have the right to indicate before the court adjudicating on the committed malpractice protection.

§ 2. (repealed).



SECTION IV Chapter 1 Judgment judgments of the Branch 1 judgment Article. 316. [Base], § 1. After the close of the hearing the Court makes a ruling, taking as a basis the State of affairs existing at the time of the closure of the hearing; in particular, the judge enjoys discretionary powers claim does not prevent the fact that it became payable in the course of the case.

§ 2. The hearing should be open, if important circumstances revealed only after its closure.

Article. 317. [partial Judgment] § 1. The Court may issue a partial judgment if it is suitable to resolve only part of the request, or some of the demands of the petition; the same applies to the counterclaim.

§ 2. On the same basis, the Court may give judgment part, judging by all the main action requests or mutual.

Article. 318. [Preliminary Judgment], § 1. A court considering a claim for justified in principle, may issue a preliminary judgment only to the same rules as for the disputed amount and request-order or further hearing or its adjournment.

§ 2. In the event of the order further hearing, the judgment as to the amount of the request, as well as the decision as to costs may be taken only after the final judgment.

Article. 319. [limitation of liability] if the defendant is responsible of the specified property or to the amount of their value, the Court may, not listing these items or their values, consider reserving action the defendant entitled to rely in the course of enforcement proceedings for limitation of liability.

Article. 320. [the distribution of HP, the corresponding term] in exceptional cases, the Court may in the judgment unfold HP awarded service, and in cases of real estate Edition or empty spaces-to designate the appropriate term to satisfy this provision.

Article. 321. [Subject to rule], § 1. The Court cannot pass judgement as to the subject, which was not covered by the request, or zasądzać more than the request.

§ 2. (repealed).

Article. 322. [Grant amount] if, in the case of damages, of revenue, return of unjust enrichment or for the provision of the contract for life imprisonment, the Court considers that the strict proof of the amount of the request is impossible or very difficult, it may in its judgment awarded the appropriate sum according to his assessment, based on consideration of all the circumstances of the case.

Article. 323. [the composition of the Panel] judgment can be issued only by judges, which held the hearing, directly preceding the release of the judgment.

Article. 324. [judgment], § 1. The Court makes a judgment after consulting classified judges. Narada includes discussion, vote on that collapse the judgment and the essential reasons for the decision or reasons, if it is to be delivered, and make the operative part of the judgment.

§ 2. The President collects the votes of the judges according to their seniority in the business, and jurors according to their age, starting with the youngest, and votes last. The rapporteur, if designated, shall vote first. The judgment of the majority of the falls. A judge who votes disagreed with the majority, it may at the time of signing of the operative part of report dissenting opinion and is obliged to justify them in writing before signing it. If a separate sentence cannot be justified.

§ 3. A lot of the judgment shall be signed by the entire composition of the Court.

Article. 325. [content of the operative part of the] operative part of the judgment should contain a reference to the Court, the judges, the Prosecutor and the minute-taker if he took part in the matter, date and place of the diagnosis of the case and the judgment, reference pages, and the designation of the subject matter and the decision of the Court on the request of the parties.

Article. 326. [Notice of the judgment], § 1. The announcement of the judgment should be made at the meeting, in which the closed trial. However, on the intricate, the Court may postpone the announcement of the verdict only once at a time for two weeks. In order to postpone the Court should designate a date for publication of the judgment and to announce it as soon as possible after the close of the hearing.

§ 2. The announcement of judgment shall be for the open. The absence of the Parties shall not prevent ad. If the announcement was postponed, it can make itself the Chairman or judge rapporteur.

§ 3. Publication of the judgment shall be made by reading the sentences (the announcement of the sentence). After the announcement of the sentences the President or the judge rapporteur shall orally the essential reasons for the settlement or give a reason, but may waive this if the case was heard at the door.


Article. 327. [the letter] § 1. Side of acting without a lawyer, solicitor, patent attorney or the State Attorney General of the State Treasury, present at the announcement of the verdict, the President will provide guidance as to the manner and deadlines for bringing a legal challenge. If you substitute sides by lawyers or legal advisors, should be instructed about the content of the provisions on mandatory substitution and of the consequences of failure to comply with these provisions.

§ 2. Side of acting without a lawyer, solicitor or patent attorney, which as a result of the deprivation of liberty was not present at the announcement of the judgment, the Court of its own motion within a week from the date of publication of the judgment shall serve a copy of his sentence with the instruction of the date and how to mount a legal challenge.

Article. 328. [the drawing up of the grounds of the judgment], § 1. Reasons for judgment shall be made in writing at the request of a party for service to the reasoned judgment requested within one week from the date of the operative part of the notice, (a) in the case referred to in article 2. 327 § 2 – of the operative part of the service. The request of the late Court rejects a private session. The Court shall establish the justification for the judgment also when judgment has been contested in the statutory time limit and when the complaint was lodged about the finding of the illegality of the final judgment, unless a justification has been issued.

§ 11. If the process is meeting adhesion using recording equipment, sound or picture and sound, the reason may be issued after the announcement of the operative part of the judgment and persisted using this device, as the President warns against anybody. If you preach the justification at the meeting shall not be shown separately, the essential reasons.

§ 2. Reasons for judgment should contain an indication of the basis of the actual settlement, namely: establishment of the facts which the Court considered it proven evidence on which it is based, and the reasons for which other evidence refused to credibility and probative, and to clarify the legal basis for the judgment, the text of the legal provisions of the law.

Article. 329. [the term] Written reasons for judgment or transcription of speech justify shall be drawn up within two weeks from the date of filing of the application for service with the reasons for judgment, and when this request was not requested, from the judgment of the appeal or bring an action for a declaration of non-compliance with the law of a final judgment. On the intricate, in the event of an inability to produce a written justification within the time limit, the President of the Court may extend the term at the time meant, not more than thirty days.

Article. 330. [signature of justification] § 1. In the cases decided in the composition of the three professional judges reasons for judgment shall be signed by the judges, who took part in his release. If any of the judges cannot sign, the President or the oldest serving judge points out on the judgment of the cause of the lack of a signature.

§ 2. Reasons for judgment in case in the main proceedings, with the participation of jurors shall be signed by the President only. In the event of the submission of a separate sentence of justification of the judgment shall be signed by the President along with voit.

Article. 331. [Notification of the judgment], § 1. The reasons for judgment are served only to this site, which has a request for the service of the judgment, the reasons for it.

§ 2. If the reason was issued at the meeting, that within one week from the date of the operative part of the notice, (a) in the case referred to in article 2. 327 section 2-service sentence, proposed for service with the reasons for judgment judgment served together with transcription. The request of the late Court rejects a private session. Delivery of the judgment of the transcription justification is equivalent to the service of the judgment of the reasons for it.

Article. 332. [binding judgment], § 1. The Court is bound by a judgment issued from the moment of its announcement.

§ 2. However, in the event of the withdrawal of the lawsuit before the decision becomes legally binding judgment and before his prosecution with waiver of the claim, and with the consent of the defendant also without such a waiver, the Court of first instance shall terminate your judgment and proceedings barred if it considers withdrawal such as acceptable. Order of the Court on the matter might be issued for closed session.



Branch 2 Immediate enforceability of judgments Article. 333. [conditions for conferral of rigor immediate enforceability] § 1. The Court of its own motion give judgement on his release, rigor, immediately if: 1) alimony awards-about the rat paid after the date of bringing the action, and as for the rat paid before bringing the action for a period of not more than three months;

2) awards a claim recognised by the defendant;

3) judgment to take account of the proceedings is default.

§ 2. The Court may give judgment for his release, rigor, immediately if the Bill of exchange receivable Awards, check warrantu, inverted, official document or private document, whose authenticity has not been zaprzeczona, and includes an action for infringement.

§ 3. The Court may also sentence given on request to nadającemu in repossessions rigor immediate enforceability, if delay preventing or significantly hamper the execution of the judgement or seas, to the detriment of the plaintiff.

Article. 334. [Security] section 1. The Court may make an immediate enforceability of the judgement of the submission by the plaintiff of an appropriate security.

§ 2. Security may also rely on hiatus issue the claimant the defendant received a cash sum or thing after their covered or withhold the sale of seized movable property.

§ 3. Sale or acquisition of the ownership of the property occupied shall be ex officio until the judgment.

§ 4. The security shall not be ordered for maintenance duties, within the limits under which the Court gives judgment zasądzającemu those duties. feasibility of instant rigor

Article. 335. [the prohibition rule], § 1. Prompt viability will not be imposed even for security, if as a result of the implementation of the judgment would arise for the defendant niepowetowana. This provision shall not apply to judgments of zasądzających alimony within the limits under which the Court gives judgment rigor immediate enforceability.

§ 2. Immediate feasibility there will also be imposed even for protection against Treasury.

Article. 336. [Applicability] Rigor immediate enforceability shall apply from the time of publication of the judgment or the provisions to which it was given, and when the notice was not from the date of signing of the operative part of the judgment.

Article. 337. [Expiry] Immediate enforceability of the judgment shall expire upon notice, and if there was a notice, as soon as the signing of the operative part of the decision amending or repealing the judgment or order of the immediate enforceability of the judgment is, in so far as there is a change or repeal.

Article. 338. [Judgment terminating the proceeding] § 1. Avoiding or changing the sentence, which was issued at the request of the Court, immediately renders the defendant shall rule in the decision ending the proceedings to recover true or wyegzekwowanego or about the restoration of the previous state.

§ 2. The provision of the preceding paragraph does not exclude the possibility of the investigation in a separate process to repair the injury suffered as a result of the implementation of the judgment.



Branch 3 judgments Article. 339. [Conditions] § 1. If the defendant has not appeared at the meeting designated for trial or even though appear not to take part in the hearing, the Court will issue a default judgment.

§ 2. In this case, it is assumed to be true, the claim of the plaintiff for the actual circumstances cited in the lawsuit or the pleadings served on the respondent before the hearing, unless they raise reasonable doubt or have been adduced in order to circumvent the law.

§ 3. (repealed).

Article. 340. [the absence of the defendant's] judgment issued in the absence of the defendant will not be a default, if the defendant has requested to carry out the trial in his absence or included already on the explanation orally or in writing.

Article. 341. [default judgment in private session] if nienadejścia proof of service on the day of the hearing the Court may within the next two weeks to spend on private session default judgment, if at that time will receive a proof. Judgment of the Court associated since the signing of the sentence.

Article. 342. [reasons for judgment by default] default judgment the court warrants when a claim has been rejected in whole or in part, and the plaintiff demanded justification within a week of the date of notification to him of the judgment, or if the reason that such a request is made, he made an appeal within a certain period of time.

Article. 343. [Notification of the judgment] judgments are served with the Office of both parties with the instruction of the remedies available to them the means of appeal. The defendant also teaches about the content of the article. 344 § 2, second sentence.

Article. 3431. [set aside judgment by default] if, after the release of the judgment by default it appears that the defendant at the time of filing the statement of claim did not have the capacity, the capacity of the process or body to represent him, and these deficiencies have not been remedied within the time limits set in accordance with the provisions of the code, the Court of its own motion to quash default judgment and it seems appropriate.

Article. 344. [Filing of objection] § 1. The defendant, against whom the judgment was passed, the opposition may be filed within two weeks of service of the judgment to him.

§ 2. In a letter containing the notice of opposition, the defendant should cite allegations that under pain of loss should be reported before wdaniem in the dispute on the merits of the case, and the facts and evidence. The Court omits late claims and evidence, unless the party uprawdopodobni that did not report their opposition without fault or that the consideration of late allegations and evidence will not result in a delay in the diagnosis of the case or that there are other exceptional circumstances.


§ 3. The opposition filed after the deadline, and the opposition, whose deficiencies within the party has not followed up, as well as opposition rejects Court uncalled for closed session.

Article. 345. [the designation of hearing] If an objection has been filed properly, the President shall designate the date of the hearing and manages the delivery of the opposition to the claimant.

Article. 346. [the causes of suspension of rigor], § 1. At the request of the defendant, the Court suspends the sentence given to the feasibility of instant rigor absentia, if the judgment was issued in breach of the provisions on the admissibility of its release or if the defendant uprawdopodobni that his failure was fortuitous, as set out in the opposition proceedings the circumstances give rise to doubts as to the merits of the judgment by default. Suspending the enforceability of a judgment, the Court may order protective measures in accordance with the preceding branch.

§ 2. The application for suspension of the immediate enforceability of the Court may decide on the closed session.

Article. 347. [retrial] after the diagnosis of the case the Court judgment, which judgment in whole or in part, upholds or repeals it, and will rule on the request, or rejects the application or redeems. The recipe article. 332 §2 shall apply mutatis mutandis.

Article. 348. [costs of hearing zaocznej] zaocznej costs of a trial and opposition shall be borne by the defendant, then a default judgment has been repealed, unless the defendant's failure to appear was fortuitous, or that you do not include the file submitted to the Court before the hearing the explanations of the defendant.

Article. 349. [opposition Withdrawn] § 1. In the event of the withdrawal of an objection, the Court, if it considers that the revocation is admissible, redeems the proceedings caused by bringing opposition and rules about the cost as the withdrawal of the petition. Default judgment becomes the final.

§ 2. The recipe article. 203 section 4 shall apply mutatis mutandis.



Division 4 Correction, Supplement and interpretation of judgments Article. 350. [Corrigendum] § 1. The Court may of its own motion in the corrected inaccuracies, errors of transcription or accountants or other obvious errors.

§ 2. Correction, the Court may order a private session; for rectification shall be placed on the original of the judgment, and at the request of the parties also provided the extracts. Further copies or extracts thereof shall be drawn up taking into account the added provision for rectification.

§ 3. If the case goes before the Court of second instance, this Court may of its own motion rectify the judgment of first instance.

Article. 351. [request for addendum] § 1. A party may within two weeks of publication of the judgment, and when the delivery of the judgment from the Office, from his service, request to supplement the judgment if the Court has not ruled on the request entirely, about the immediate enforceability or not posted in the supplementary decision according to the provisions of the Act should have been included with Office.

§ 2. The proposal to supplement its judgment as to the reimbursement or immediate feasibility of the Court may recognize a private session.

§ 3. Supplementary judgment judgment falls in the form of a judgment, unless a supplement only applies to costs or immediate feasibility.

Article. 352. [Interpretation] the Court which made the judgment, resolved by the doubts as to its content. Provision on the matter, the Court may issue a private session.

Article. 353. [Requests] request for correction, supplement or interpretation of a judgment does not affect the time limit for bringing a legal challenge.



Chapter 1a payment Orders Article. 3531. [Decision in the form of an order for payment] § 1. If special provision so provides, the Court shall decide the matter by issuing an order of payment.

§ 2. Debt collection proceedings and debt collection proceedings e-payment order may issue also legal Secretary Court.

Article. 3532. [the application of the provisions on] to orders shall apply mutatis mutandis the provisions of the criminal code, if it is not otherwise.



Chapter 2 Provisions of the Court Art. 354. [Issuing the provisions of] If the code does not provide for the issue of a judgment or order for payment, the Court makes the order.

Article. 355. [provision for redemption] § 1. The Court makes provision for redemption of the proceedings, if the plaintiff stepped back from legal effect of lawsuit or if judgment has become redundant or unacceptable for other reasons.

§ 2. Order of redemption of the proceedings may be taken in private session, if the plaintiff has receded with the effect of the legal claim in writing if the parties to an agreement concluded or process before a mediator, which is approved by the Court.

Article. 356. [form some of the provisions of] the settlement contained in the provisions of endless proceedings, issued at the meetings of the non-confidential, shall be entered in the minutes without a separate inventory of quotes, if not entitled to no complaint.

Article. 357. [the justification provisions, service] 1. The provisions announced in open court the court warrants only when they are actionable, and only at the request of the Parties reported within one week from the date of the notice. These provisions are only served on this site, which has requested to draw up reasons and service provisions.

§ 2. The provisions issued in closed session, the Court shall serve ex officio on both the parties, unless otherwise provided by special provision. When you shall have an appeal, the order to be served with the reasons; delivering the order, you must instruct the applicant party on without a lawyer, solicitor, patent attorney or the State Attorney General of the State Treasury on the admissibility, time limit and how to mount a legal challenge.

§ 3. The grounds referred to in the preceding paragraphs, must be made within one week from the date of the judgment in private session. If the order has been issued on the open court, the term weekly is counted from the date on which the request was made to his service, and when such a request was not from the date of filing the complaint.

§ 4. Provisions which refer to other people (of a witness, expert, third party), there shall be submitted to the parties; persons whom these provisions apply, it shall be served only when they were not present at the meeting, on which these provisions were released.

Article. 358. [binding provisions] Provision issued a private session involves the Court from the moment in which it was signed and the reasons for it, and if the Court does not justify provisions, from the moment of signing of the order.

Article. 359. [repeal and amendment of the provisions of] § 1. The provisions of the interminable proceedings can be lifted and changed as a result of changes in the circumstances of the case, even if they were contested or even valid.

§ 2. The provisions referred to in paragraph 1, may be amended or waived even if they were issued on the basis of a normative act recognized by Constitutional Court as inconsistent with the Constitution, ratified international agreement or the law.

Article. 360. [the effectiveness of the provisions] Provision become effective to the extent and in such a way that their content upon notification, (a) if the notice was not-as soon as the signature sentence.

Article. 361. [the application of the provisions on] the provisions shall apply mutatis mutandis the provisions of the criminal code, if it is not otherwise.

Article. 362. [the order of the President] the provisions of this chapter shall apply mutatis mutandis to the orders of the President.

Article. 3621. [the provisions of the Office of the clerk of the Court] to the clerk of the Court shall apply mutatis mutandis the provisions of the rules of court.



Chapter 3 the legitimacy of judgments Article. 363. [conditions for legitimacy] § 1. The decision of the Court becomes final, if not eligible for appeal to it or any other appeal.

§ 2. Despite the inadmissibility of a separate appeal do not become final provisions subject to recognition by the Court of second instance, this Court recognizes the matter, in which it was issued.

§ 3. If zaskarżono only part of the judgment, it becomes valid in part, the rest of the expiry of the time for appeal, unless the Court of second instance may of its own motion to recognize the case also in this section.

Article. 364. [Finding legitimacy] § 1. The legitimacy of the decision States at the request of a party, the Court of first instance in private session, and as long as the files of the case can be found in the Court of second instance is the Court. Statements shall be the Court of jednoosobowo.

§ 2. Provisions referred to in paragraph 1 may issue also legal Secretary Court.

Article. 365. [binding judgment] § 1. Final judgment involves not only the parties and the Court that issued them, but also other courts and other State authorities and public administrations, and in cases where the law provided for other people.

§ 2. The code of criminal procedure specifies the extent to which the judgment of the Court of session does not involve a court in criminal proceedings.

Article. 366. [the force of Gravity] Final Judgment has the force of gravity only as to what in connection with the Foundation of the dispute was the subject of settlement, and only between the same parties.



SECTION V appeals Appeal section 1 Article. 367. [Contesting judgments] § 1. From the judgment of the Court of first instance may be appealed against to a Court of second instance.

§ 2. Appeal from a judgment of the District Court recognizes the District Court, and the judgment of the District Court as the first instance is the Court of appeal.

§ 3. The diagnosis of cases followed by three professional judges. The provisions relating to the taking of evidence in closed session court composed of one judge.


§ 4. Provision for the granting and withdrawal of an exemption from court costs, the refusal of exemption, the rejection of the application for exemption and to impose on a party the obligation to pay the costs and the conviction to a fine, as well as the establishment, withdrawal of the establishment, to reject the request to establish a lawyer or solicitor and the conviction to a fine and the imposition of the obligation to pay the salary of their party, the Court may issue a private session in the composition of one judge.

Article. 368. [content of appeal] § 1. The appeal should do comply with the requirements provided for in the pleading, and, in addition, contain the following: 1) determination of the sentence, from which it is brought, with an indication of whether it is contested in its entirety or in part;

2) a concise statement of objections;

3) justification of the charges;

4) establishment, where appropriate, new facts and evidence and to demonstrate that their vocation in the proceedings before the Court of first instance was not possible, or that the need to invoke not resulted later;

5) request to change or annul the judgment, with an indication of the scope of the requested amendment or repeal.

§ 2. In cases of property rights, you must determine the value of the subject of the appeal. This value can be determined for an amount higher than the value of the subject matter of the dispute referred to in the lawsuit only if the plaintiff has extended the action or court ruled over the request. The provisions of article 4. 19-24 and 25 § 1 shall apply mutatis mutandis.

Article. 369. [time limit for filing] § 1. The appeal shall be lodged with the Court which made the contested judgment, within two weeks of service of the applicant with the reasons for judgment.

§ 2. If the party did not report the request for the service of the judgment with reasons within one week from the date of the operative part of the announcement, the deadline for bringing an appeal runs from the date on which the time limit expired for filing such a request.

§ 3. The time limit referred to in paragraph 1 and 2 shall be deemed to be preserved even if before the expiry of the page brought an appeal to the Court of second instance. In this case, the Court shall immediately forward the appeal to the Court which made the contested ruling.

Article. 370. [Rejection], the Court of first instance rejects the deliberated the appeal brought after the expiration of the prescribed time limit unpaid or for other reasons, as well as the fact that the appeal, which deficiencies page is not added to within the prescribed time limit.

Article. 3701 (expired).

Article. 371. [the immediate presentation of the Act] after the receipt of the appeal, the Court of first instance of the opposite side shows the court case files immediately to the second instance.

Article. 372. [response to the appeal] the respondent may, within two weeks from the date of notification of the appeal to bring the answer to the appeal directly to the Court of second instance.

Article. 373. [rejection of appeal], the Court of second instance rejects deliberated the appeal, if it followed the rejection by the Court of first instance. If you will notice the deficiencies to which the delete page was not summoned, subpoenaed to delete them. If the breach is not remedied any deficiencies within the prescribed time limit, the appeal is rejected.

Article. 374. [Nullity proceedings] the Court of second instance may resolve the matter a private session in the event of the withdrawal of the petition, the withdrawal of the appeal or if the nullity of the proceedings.

Article. 375. [the designation of hearing] beyond the incidents mentioned in the two preceding articles, the Court of second instance shall appoint a hearing.

Article. 376. [If] the hearing before the Court of second instance shall take place regardless of the failure of one or both of the parties. Judgment by default is not released.

Article. 377. [the judge's Report] after the hearing of the case begins with the report of the judge, which succinctly illustrates the State of affairs with particular reference to complaints and applications of appeal. The Court may dispense with the consent of the parties to the present report or in the event of their failure to appear, unless a hearing is held with the participation of the audience.

Article. 378. [the limits of appeals], § 1. The Court of second instance recognizes the matter within the limits of the appeal; within the limits of the appeal, however, takes into account the Office of the nullity of the proceedings.

§ 2. Within the limits of the appeal court of second instance may of its own motion to recognize the case also for participants who not judgment challenged, when subject to appeal rights or obligations are common. These inform the participants of the hearing; They consist of the letter.

Article. 379. [the causes of nullity of the proceedings] nullity of the proceedings there is: 1) if the Court Road was inadmissible;

2) If a party does not have the capacity or procedural body to represent or legal representative or agent of the page was not properly fastened;

3) involving the same cause of action and between the same parties takes place or, if such a case is initiated before the case has already been legally judged;

4) if the composition of the court seised of the case was contrary to the law or if the diagnosis of the case involved a judge excluded by statute;

5) if the party was deprived of possible defense of their rights;

6) where the District Court ruled in the case, in which the regional court is competent regardless of the value in dispute.

Article. 380. [the proceedings not contested] the Court of second instance, at the request of a party, also hears these provisions of the Court of first instance, which were not actionable by complaints, and have an impact on the outcome of the case.

Article. 381. [the omission of new facts and evidence] Court of second instance may disregard new facts and evidence, if a party to be able to rely in the proceedings before the Court of first instance, unless they want to invoke not resulted.

Article. 382. [Decisions], the Court of second instance decides on the basis of the material collected in the proceedings at first instance and in appeal proceedings.

Article. 383. [requests Range] in proceedings of appeal cannot extend the application requests, or occur with new claims. However, in the event of a change of circumstances may be required instead of the original subject matter of the dispute of its value, or other item, and in cases of provision of repetitive, you can also extend the claim for benefit for further periods.

Article. 384. [failure to rule to the detriment of] the Court cannot revoke or change the sentence to the detriment of the parties filing an appeal, unless the respondent also filed an appeal.

Article. 385. [appeal Dismissed] the Court of second instance shall reject the appeal if it is unfounded.

Article. 386. [Decision of the Court of appeal], § 1. If you take into account the appeal court of second instance changes the contested judgment and rule on the merits of the case.

§ 2. In the event of annulment of the Court of second instance proceedings to quash the contested judgment, abolish arrangements for affected if and refer the matter back to the Court of first instance.

§ 3. If the application is rejected or there is a basis for remission of the proceedings, the Court of second instance to quash the verdict and denies the claim or redeems.

§ 4. Beyond the accidents referred to in § 2 and 3 of the Court of second instance may set aside the contested judgment and refer the matter back to the only in the case of nierozpoznania by the Court of first instance the merits of the case or if the judgment requires the taking of evidence in its entirety.

§ 5. In the event of the repeal of the sentence and the case for further consideration, the Court recognizes it in another.

§ 6. Legal assessment and indications as to the further proceedings expressed in support of the judgment of the Court of second instance shall bind the both the Court to which the case was referred to, as well as the Court of second instance, the diagnosis of the case. However, this is not the case when there is a change of legal status.

Article. 387. [Justification of the judgment], § 1. The Court of second instance of the Office justifies judgment and order terminating the proceeding. In cases where the appeal to be rejected or contested judgment, reasoning in writing shall be made only when the page has a request for the service of the judgment, the reasons for it.

§ 2. A written rationale or justification for the speech transcript shall be made within two weeks from the date of the announcement of the operative part of the judgment. If the notice was not, the term is counted from the date of the judgment. If the appeal to be rejected or contested judgment, reasoning in writing or speech transcription justification shall be drawn up within two weeks from the date of filing of the application for the service of the judgment, the reasons for it.

§ 21. If the Court of first instance did not carry out evidence nor changed the findings of fact of the Court of first instance and in appeal not reported allegations of those findings, the reasons for judgment can only contain an explanation of the legal basis for the judgment, the text of the legal provisions of the law.

§ 3. The reasons for judgment are served on this site, that within one week from the date of announcement of the operative part of the proposed decision for service reasons. The provisions of article 4. 327 § 2 and art. 331 § 2 shall apply mutatis mutandis. If the notice was not a reasoned decision is served on the parties with the Office within a time limit of one week from the date.

§ 4. If the reason has not been drawn up, and on the appeal in cassation was lodged or a complaint about the finding of the illegality of the final judgment, the Court of second instance shall justify the contested decision within two weeks from the date of filing of the complaint.

Article. 3871. [notification of transfer of residence] in the event of a release by the Court of second instance decision, which is entitled to appeal in cassation, the parties and their representatives shall have the duty, until the expiry of the period for bringing an appeal, the Court of second instance to notify of any change of residence.


Article. 388. [suspension of implementation of the contested decision], § 1. In the event of an appeal in cassation complaint, if as a result of the enforcement side of it could be caused by niepowetowana too bad the Court of second instance may suspend implementation of the contested decision until the appeal proceedings or make this decision-and if distance also the appeal decision of the Court of first instance-of the submission by the plaintiff of an appropriate security. The order may be issued on the closed session.

§ 2. Security may also rely on hiatus issue the claimant a sum of money after they are covered by the defendant or the withdrawal of the sale of seized assets.

§ 3. Until the expiry of the period for bringing an appeal in cassation shall be ex officio the sale of real estate.

§ 4. Provision of section 1 shall apply mutatis mutandis to suspend the effectiveness of the contested judgment is not subject to execution.

Article. 389. [Return court records] after expiration of the term for appeal against the judgment court of second instance returns the files to the Court of first instance.

Article. 390. [Legal Issues], § 1. If the emergence of a serious legal issue appeals resolution of doubt, the Court may refer the issue to the Supreme Court, delaying the diagnosis of the case. The Supreme Court has clarified the matter take to resolve or pass the question to the offering and the composition of the Court.

§ 2. Resolution of the Supreme Court decides legal issues shall be binding in a particular case.

Article. 391. [application of the rules for proceedings before the Court of first instance] § 1. If there are no special provisions for proceedings before the Court of second instance, the proceedings shall apply mutatis mutandis the provisions on proceedings before the Court of first instance. The provisions of article 4. 194-196 and 198 do not apply.

§ 2. In the event of withdrawal of the appeal court of second instance appeal proceedings shall be decommitted by the cost and rule as the withdrawal of the petition. When the withdrawal of the appeal came before the Court of first instance, the Court of first instance declares.



Chapter 11 (repealed) Article. 392. (repealed).



Article. 3921. (repealed).



Article. 393. (repealed).



Article. 3931. (repealed).



Article. 3932. (repealed).



Article. 3933. (repealed).



Article. 3934. (repealed).



Article. 3935. (repealed).



Article. 3936. (repealed).



Article. 3937. (repealed).



Article. 3938. (repealed).



Article. 3939. (repealed).



Article. 39310. (repealed).



Article. 39311. (repealed).



Article. 39312. (repealed).



Article. 39313. (repealed).



Article. 39314. (repealed).



Article. 39315. (repealed).



Article. 39316. (repealed).



Article. 39317. (repealed).



Article. 39318. (repealed).



Article. 39319. (repealed).



Article. 39320. (repealed).



Chapter 2 the complaint Article. 394. [the provisions of actionable complaint] § 1. Appeal to Court of second instance shall be entitled to the provisions of the Court of first instance terminating the proceedings, and the provisions of the Court of first instance and the order of the President, where the subject is: 1) the return action, denial, rejection, refer the case to the Court or to lower or to take proceedings in the other mode;

2) denial of an exemption from court costs or withdrawal of such exemption and refusal to establish a lawyer or solicitor or their appeal;

3) dismiss the opposition against joining the intervening party supporting and preventing the intervener to participate on as a result of consideration of opposition;

4) rigor immediate enforceability;

41) suspension of execution of a final judgment pending the settlement of the complaint about the resumption of the proceedings;

42) statement of the legitimacy of the decision;

5) conviction of a witness, expert, the parties, their representative, and a third person to pay a fine, order compulsory introduction and the arrest of a witness and refusing to release a witness and an expert from fines and a witness from the compulsory introduction;

6) the suspension of the proceedings and the refusal to take the suspended proceedings;

7) denial of justification of a decision and its service;

8) rectification or interpretation of a judgment or refusal;

9) reimbursement, specifying the rules for payment by the parties to the process costs, fees, charges or reimbursement of the advance, the load on the costs of the procedure, if a party does not appeal on the merits of the case, the costs awarded in the order for payment, repayment of the unpaid costs of legal aid granted from the Office and remuneration of expert, mediator and witness duty;

10) request for dismissal of the exclusion of a judge;

101) approval of a settlement concluded before a mediator;

11) the rejection of the complaint;

12) the rejection of the complaint on the decision of the clerk of the Court.

§ 2. The deadline for filing a complaint is a weekly and counts from service provisions, and when the page is not requested within the period prescribed, the provisions of the service an isolated at the hearing – since the announcement.

§ 3. The complaint should do comply with the requirements prescribed for the pleading and include an indication of the contested provisions and application for its amendment or repeal, as well as a brief justification for the complaint with an indication where appropriate of new facts and evidence.

Article. 3941. [Complaint to the Supreme Court] § 1. A complaint to the Supreme Court shall be entitled to the order of the Court of second instance rejecting the complaint made and the order of the Court of the second or first instance rejecting the complaint about the finding of the illegality of the final judgment.

§ 11. A complaint to the Supreme Court may also be repealed by the Court of second instance the judgment of the Court of first instance and the case for further consideration.

§ 2. (3) in cases in which appeal in cassation, appeals are also on order of the Court of second instance terminating the proceeding, with the exception of the provisions referred to in article 1. 3981, and provisions issued as a result of the diagnosis of complaints on the order of the Court of first instance.

§ 3. [4] to the proceedings before the Supreme Court litigation as a result of the complaint shall apply mutatis mutandis to article. 394 § 2 and 3, art. 395. 397 § 1, art. 3986 section 3, art. 39810, art. 39814, art. the first sentence of section 1 39815, art. 39816, art. 39817. 39821. 3942. [Complaint to another equivalent of the members of the Court of second instance] § 1. The provisions of the Court of second instance, which are the subject of an application for dismissal of the exclusion of a judge, the reimbursement process, reimbursement of expenses paid legal aid granted from the Office, conviction of a witness, expert, the parties, their representative, and a third person to pay a fine, order compulsory introduction and the arrest of a witness, expert witness and exemption from fines and a witness from the compulsory introduction, entitled complaint to another composition of this Court, with the exception of the provisions issued as a result of the diagnosis of complaints on the order of the Court of first instance.

§ 2. In the proceedings as a result of the complaints referred to in paragraph 1, the provisions of article 4. 394 § 2 and 3, art. 395 section 1, art. 396. 397 § 1, 11 and § 2, first sentence, shall apply mutatis mutandis.

Article. 395. [transfer of complaints] § 1. Files of the case along with the complaint, the Court of first instance shall submit to the Court of second instance after the receipt of a complaint opposite, and in cases where the law provides for notification of the contested provisions of the only one of the parties, and, in the cases described in article 2. 394 § 1 section 5 – as soon as possible after the submission of the complaint without it service page. The answer to the complaint may be brought directly to the Court of second instance within one week from the date of service of the complaint.

§ 2. If the complaint alleges the nullity of the proceedings or is of course justified, the Court which made the contested order, can a private session, not by an act of the Court of first instance, annul the contested order and, where necessary, to resolve the case. From again issued appeals have provisions on general principles.

Article. 396. [suspension of execution of the contested provisions], the Court of first instance may suspend implementation of the contested provisions of the pending settlement of the complaints. Such a provision can be taken in private session.

Article. 397. [Recognize complaints] § 1. The Court of second instance recognizes the complaint in private session.

§ 11. In the proceedings as a result of the complaint the Court of second instance of the Office justifies a provision ending it.

§ 2. To the proceedings as a result of the complaint shall apply mutatis mutandis the provisions of application proceedings. The diagnosis of complaints in the order in relation to the refusal of an exemption from court costs or the withdrawal of such exemption, the rejection of the application for exemption and imposition of the obligation to pay page costs and conviction to a fine, deny the establishment of a lawyer or solicitor or their appeal and the imposition of the obligation to pay remuneration to the page of a lawyer or solicitor for her set up and a conviction to a fine, followed by the single judge.

Article. 3971. [complaint against debt collection proceedings, electronic] § 1. The diagnosis of complaints in the order given in the electronic debt collection proceedings, followed by a single judge.

§ 2. The provisions of article 4. 50530 § 2 and art. 50531 § 1-5 shall apply by analogy.

Article. 398. [Chairman of the Ordinance] the provisions of this chapter shall apply mutatis mutandis to the complaints on the orders of the President.



Va DEPARTMENT of Cassation Article. 3981. [payment of Cassation] § 1. From the certificate issued by the Court of second instance of the final judgment or the provisions in relation to the rejection or redemption proceedings ending with the proceedings on the party, the Attorney General, the Ombudsman or the Ombudsman on the rights of the child may bring a complaint made to the Supreme Court, unless otherwise provided by special provision.


§ 2. The lodging of the appeal by the off-field contested-bringing the appeal by the Attorney General, the Ombudsman or the Ombudsman on the rights of the child.

Article. 3982 [Inadmissibility appeal] § 1. Cassation is inadmissible in cases of property rights where the value of the subject of the appeal is less than fifty thousand, and in matters concerning labour law and social security – less than ten thousand dollars. However, in matters concerning the social security appeal in cassation shall be entitled to regardless of the value of the subject of the appeal in cases of granting and withholding of pensions and the coverage of social insurance obligation. Regardless of the value of the subject of the appeal cassation may also in matters of compensation for injury by issuing a final judgment illegal.

§ 2. Cassation is inadmissible also on: 1) for divorce, separation, alimony, rent, or lease, and the violation of possession;

2) concerning penalties, certificates of work and related claims and deputaty or their equivalent;

3) identified in simplified proceedings.

§ 3. There shall be no appeal in cassation against the judgment fixing the non-existence of marriage or dissolution of marriage annulment, if at least one of the parties after final judgment has entered into marriage.

Article. 3983. [the basis of Cassation] § 1. Cassation may rely on the following grounds: 1) infringement of substantive law by misinterpreting his interpretation or misapplication;

2) infringement proceedings if failure it could have a significant impact on the outcome of the case.

§ 2. The Attorney General can resist the Cassation on the grounds referred to in § 1, if judgment there has been a breach of the fundamental principles of the legal order, the Ombudsman-if judgment violated constitutional freedoms or rights of man and of the citizen, and a spokesman for the rights of the child – if the judgment there has been a violation of the rights of the child.

§ 3. The basis of appeal may not be the allegations relating to the determination of facts or evaluation of the evidence.

Article. 3984. [content of appeal] § 1. Appeal in Cassation should contain: 1) the designation of the decision, from which it is brought, with an indication of whether it is contested in its entirety or in part;

2) cite some basics of appeals and the reasons for them;

3) the request to set aside or set aside and the judgment of the scope of the requested repeal and amendment.

§ 2. In addition to the requirements provided for in § 1, the appeal shall contain a request for admission to the diagnosis and its justification.

§ 3. In addition, the Cassation should do comply with the requirements provided for in the pleading, and in cases of property rights should also include determination of the value of the subject of the appeal. The appeal shall be accompanied by two copies thereof, intended for the Act of the Supreme Court and the Attorney General, unless he has lodged a complaint.

Article. 3985. [the term] § 1. Cassation is lodged with the Court which made the contested decision, within two months from the date of notification of the decision with the reasons for the applicant.

§ 2. The deadline for bringing an appeal by the Attorney General, the Ombudsman and the Ombudsman on the rights of the child is six months from the date of the judgment has become final, and if a party has requested delivery of the reasoned judgment – from the time of notification of the decision page.

Article. 3986 [rejection of appeal] § 1. If the appeal does not comply with the requirements provided for in article 3. 3984 § 2 or 3, the President of the Court of second instance asks the applicant to deficiencies within one week under pain of rejection of the complaint.

§ 2. [5] the Court of second instance rejects the Cassation judges in private session after the expiry of the deadline, a complaint which the requirements referred to in article 1. 3984 § 1, unpaid, and the complaint that the shortcomings are not removed within the time limit, or otherwise unacceptable.

§ 3. [6] the Supreme Court rejects Cassation, which was rejected by the Court of second instance, or returns it ago a court in order to eliminate the observed deficiencies.

§ 4. Rejecting the appeal not satisfying the requirements referred to in article 1. 3984 § 1 the Court of second instance or the Supreme Court shall notify the competent authority of the local government, to which you want to delegate.

Article. 3987 [answer to cassation] § 1. The other party may request the Court of second instance the answer to cassation within two weeks of the service of her complaint. In the event of an appeal lodged by the Attorney General, the Ombudsman or the Ombudsman on the rights of the child the answer to a complaint may bring both sides.

§ 2. After the expiry of the deadline for the filing of the response or the order of service of the response to the complainant, the Court of second instance, without delay, submit to the Cassation and the answer together with the acts of the case the Supreme Court. To the case-file shall be accompanied by two copies of the contested judgment the reasons for it.

Article. 3988. [position as to the appeal] § 1. In each case, the Supreme Court may refer the matter to the Attorney General to address the position in writing as to the appeal lodged by the party and the response to the complaint. The Attorney General or appointed by him, the Prosecutor presents the position within 30 days, and if he considers that this is necessary for the protection of the rule of law, civil rights or public interest, takes part in the procedure of Cassation.

§ 2. A copy of the letter, referred to in § 1, shall be submitted to the parties, which may comment on it within fourteen days, but not later than on the appeal hearing.

Article. 3989. [acceptance of appeal in cassation to recognize] § 1. The Supreme Court of Cassation adopted to recognize if: 1) on the relevant legal issue occurs;

2) there is a need for interpretation of laws that concern them serious doubts or causing discrepancies in the case-law of the courts;

3) there is a nullity proceedings or 4) appeal is obviously unjustified.

§ 2. To accept or refuse acceptance of appeal in cassation to the Supreme Court rules in private session.

Article. 39810 [diagnosis of Cassation], the Supreme Court recognizes the Cassation, sitting with three judges. In other cases, the Supreme Court rules in the composition of one judge.

Article. 39811. [Hearing] § 1. The Supreme Court of Cassation hears a private session, unless on essential legal issue occurs and the complainant in the complaint for a preliminary diagnosis of her appeal at the hearing. The Supreme Court may also recognize the Cassation hearing, if you argue in favour of including other considerations.

§ 2. The judge rapporteur presents at trial succinctly state of affairs, with a particular focus on the fundamentals and applications appeals.

§ 3. Giving voice to the parties, the President may limit speaking time according to the weight and complexity of the case.

§ 4. If the hearing is involved, the Attorney General or authorized by the public prosecutor, the President gives him a vote after hearing the parties.

Article. 39812. [suspension of proceedings] with the exception of the cases referred to in article 1. 173-1751, proceedings before the Supreme Court shall be suspended only on the proposal of the parties.

Article. 39813. [the proceedings kasacyjne] § 1. The Supreme Court of Cassation hears within the limits of the appeal and within the limits of the grounds; within the limits of the appeal of its own motion, however, takes into consideration the nullity of the proceedings.

§ 2. In the procedure of Cassation is not permitted the establishment of new facts and evidence, and the Supreme Court is bound by the findings of the actual forming the basis for the contested decision.

§ 3. A complainant may cite a new justification for the basics of appeals.

Article. 39814 [dismissal of the appeal in cassation] shall reject the Supreme Court Cassation, if there is no reasonable basis or if the contested judgment despite the erroneous reasoning corresponds to the law.

Article. 39815 [refer the case back to Scouting] § 1. The Supreme Court in the case of consideration of appeal repeals the contested judgment in full or in part and refer the matter back to the Court that delivered the judgment, or else to court; The Supreme Court may annul, in whole or in part the judgment of the Court of first instance and refer the matter back to the Court of the same or to. The diagnosis of the case article. 415 shall apply mutatis mutandis.

§ 2. In the event of a referral back to the Court recognizes it in another.

Article. 39816 [set aside the judgment] If a basis breach of substantive law is of course justified, and the appeal was based not on the basis of infringement proceedings or basis for this turned out to be unjustified, the Supreme Court may, at the request of the applicant, set aside the contested judgment and rule on the merits of the case. The recipe article. 415 shall apply mutatis mutandis.

Article. 39817. [deferment of the judgment], § 1. If the appeal in cassation the question emerges in resolving serious legal doubt, the Supreme Court may postpone judgment and refer the issue to the offering and the composition of the Court.

§ 2. Resolution plus the composition of the Supreme Court in a particular case is binding.

§ 3. The Supreme Court in extended composition can take the matter to his diagnosis.

Article. 39818. [Costs] in the event of an appeal lodged by the Attorney General, the Ombudsman or the Ombudsman, rights of the child, the costs of a trial of cassation proceedings shall be subject to the mutual elimination.


Article. 39819 [set aside judgments] If the application closes the rejection or there was a basis for remission of the proceedings, the Supreme Court repeals the issued on judgments and rejects a lawsuit or redeems. The recipe article. 415 shall apply mutatis mutandis.

Article. 39820 [Interpretation of the Supreme Court], the Court to which the case was referred, is related to the interpretation of the law to have been made in this case by the Supreme Court. You cannot resist the appeal from a judgment after the diagnosis of the case on grounds contrary to the interpretation of the law to have been made in this case by the Supreme Court.

Article. 39821. [the application of the provisions on appeal] if there are no special provisions for proceedings before the Supreme Court, the proceedings shall apply mutatis mutandis the provisions on appeal, cassation can also undo the page itself, and the term for the justification of a decision by the Supreme Court is a month.



Judgment of the court clerk of the court action on the Vb SECTION of article. 39822 [action on the decision of the clerk of the Court], § 1. On the decision of the clerk of the Court on the merits of the case and on the termination of the proceedings, as well as the decision referred to in article 1. 394 § 1 point 1, 2, 42 and 5-9, entitled action, unless otherwise provided by special provision. The complaint identifies the Court, which issued the contested judgment.

§ 2. In the event of a complaint the decision of the clerk of the Court shall be repealed.

§ 3. The Court hears the case as the Court of first instance, unless otherwise provided by special provision.

§ 4. The action shall be brought before a court within a period of one week from the date of service of the website, the provisions of the Office of the clerk of the Court, unless otherwise provided by special provision.

§ 5. The complaint to have been brought after the expiry of the time limit or unpaid Court rejects.

Article. 39823. [complaint Resolution on the order of the clerk of the Court], § 1. Recognizing a complaint about the order of the clerk of the Court in relation to the legal costs or the cost of the process and the refusal to establish a solicitor or legal counsel, the Court makes the order in which the contested provision of the Office of the clerk of the Court upholds or changes.

§ 2. In the cases referred to in § 1, the litigation on the order of the clerk pauses its feasibility. The Court rules as a Court of second instance, applying the provisions of the complaint.



SECTION VI of the resumption of the proceedings Art. 399. [Eligibility renewal] § 1. In the cases provided for in this section you can request the resumption of the proceedings, which was terminated by the judgment.

§ 2. On the basis referred to in article 1. 4011 proceedings may also be resumed in the event of the completion of it provision.

Article. 400. [prohibition of renewal] is Inadmissible an action for annulment against the judgment of the Panel to resume or divorce, or establishing non-existence of marriage, if at least one of the parties has concluded after his final new marriage.

Article. 401. [the reasons for renewal] you can request the resumption of the proceedings due to the nullity: 1) if the composition of the Court or judge has ruled ineligible person she excluded from the Act, and the party before the decision becomes legally binding judgment could not claim exemption;

2) If a party does not have the capacity or the process or was not properly represented, or if as a result of the infringement was deprived of possible actions; However, you cannot request a resume if, before the decision becomes legally binding judgment failure to act ceased or no representation was raised by the plea or has confirmed made procedural acts.

Article. 4011. [Renewal in the case of a TK], you can request the resumption of the proceedings also in the case when the Constitutional Court ruled on the non-conformity of a normative act with the Constitution, ratified international agreement or of law on which the judgment was issued.

Article. 402. (repealed).

Article. 403. [Base renewal] § 1. You can request a renewal on the grounds that: 1) judgment was based on a document forged or altered or passed the criminal judgment, then concertation;

2) the judgment was obtained by crime.

§ 2. You can also request a resumption in the event of subsequent detection of final judgment concerning the same legal relationship, or detect such facts or evidence that could have an effect on the outcome of the case, and with which the party could not take advantage in the previous investigation.

§ 3. (repealed).

§ 4. You can request a resume, if the content of the judgment of the affected provision of endless proceedings, issued on the basis of a normative act recognized by Constitutional Court as inconsistent with the Constitution, ratified international agreement or the law, repealed or amended in accordance with article 4. 4161. 404. [Renewal due to the crime] because of the offence may be required to resume only if the Act was given a final conviction, unless criminal proceedings may not be initiated or that it has been discontinued for other reasons than lack of evidence.

Article. 405. [jurisdiction] to resume the proceedings on grounds of nullity, and on the basis provided for in article 4. 4011 the Court which made the contested ruling, and if zaskarżono judgments different batches, the competent court is that of the higher instance. To resume the proceedings on other grounds the Court, which recently ruled on the merits of the case.

Article. 406. [application of the rules for proceedings before the Court of first instance] to deal with complaints about the resumption shall apply mutatis mutandis the provisions on proceedings before the Court of first instance, if the following provisions provide otherwise.

Article. 407. [the time limit for complaints] § 1. Complaint about proposed resumption within three months; This term is counted from the date on which the party became aware of the basis of the resume, and when the basis is to deprive the possible actions or lack of proper representation, from the date on which the judgment became aware of the page, its authority or its legal representative.

§ 2. In the situation referred to in article 1. 4011 complaint for renewal shall be filed within three months from the date of entry into force of the judgment of the Constitutional Court. If at the time of the judgment of the Constitutional Court judgment referred to in article 2. 4011, there was still no final decision on the effect of bringing a remedy, which was then rejected, the period shall run from the date of notification of the rejection, and release it to the open, from the announcement of this provision.

Article. 408. [the term Behavior] [7] after the expiry of five years from the judgment has become final, you cannot request a resume, with the exception of cases where the party was deprived of possible actions or was not properly represented.

Article. 409. [complaint] Action for renewal should do comply with the terms of the petition, and shall include an indication of the contested judgment, the basis for the resumption and its justification, stating the behavior of the time limit for bringing a complaint and an application for annulment or alteration of the contested decision.

Article. 410. [rejection of complaint] § 1. The Court rejects the complaint to have been brought after the expiry of the prescribed time limit, unacceptable or nieopartą on the legal basis. The order may be issued on the closed session.

§ 2. At the request of the Court, the applicant uprawdopodobni the circumstances indicating the behavior of the term or the admissibility of the resumption.

Article. 411. (repealed).

Article. 412. [Re-diagnosis], § 1. The Court hears a case in the borders, which circles the base of the relaunch.

§ 2. After the diagnosis of the case the Court according to the circumstances or dismisses the action for renewal, or having it amends the contested ruling or repealed them and, if necessary, the application discards or redeems.

§ 3. (repealed).

§ 4. If the decision to resume the procedure culminating in the judgment of the Supreme Court is appropriate, the Court shall rule on the admissibility only restarts, and the diagnosis of the case forward to the Court of second instance.

Article. 413. [exclusion of a judge] Judge whose participation or behaviour in the previous process concerned, is excluded from the rule in the proceeding with complaint about renewal.

Article. 414. [suspension of execution of the judgment] brought about the resumption of the tamuje not the implementation of the contested judgment. Where such prima facie evidence is that the complainant threatened niepowetowana the damage, the Court may at the request of a party to suspend the execution of the judgment, unless the respondent submits the appropriate security. The order may be issued on the closed session.

Article. 415. [Decree of return true benefits] Avoiding or changing the sentence, the Court at the request of the applicant in the decision ending the proceedings on the rules about return true or wyegzekwowanego or about the restoration of the previous state. This does not exclude the possibility of the investigation in a separate process from the Treasury, to repair the injury suffered as a result of the issue or execution of a judgment.

Article. 416. [prohibition of further renewal] § 1. [8] it is further resumption of proceedings culminating in a final judgment as a result of a complaint for renewal.

§ 2. Provision of section 1 shall not apply if the complaint about the resumption of the proceedings was based on the basis of the renewal referred to in article 1. 4011. 4161. [Evading the provisions of] on the finished final judgment can be repealed the provisions of an endless process, where they are issued on the basis of the normative act recognized by Constitutional Court as inconsistent with the Constitution, ratified international agreement or the law. Resume rules of conduct shall apply mutatis mutandis.



SECTION VII (repealed) Article. 417. (repealed).



Article. 418. (repealed).



Article. 419. (repealed).



Article. 420. (repealed).



Article. 421. (repealed).



Article. 422. (repealed).



Article. 423. (repealed).



Article. 424. (repealed).



SECTION VIII


Action for declaration of non-compliance with the final judgment Law Art. 4241. [request to establish the illegality of the final judgment of the Court of second instance proceedings ending] § 1. You can request a finding of illegality by a final judgment of the Court of second instance of the end of the investigation, if its release site was done the damage, and the amendment or repeal of this judgment by way of remedies available to site remedies was not and is not possible.

§ 2. In exceptional cases, where the illegality arises from a breach of the fundamental principles of the legal order or constitutional freedoms or rights of man and of the citizen, you can also request a finding of illegality by a final judgment of the Court of first or second instance ending the investigation, if the party has not benefited from its measures, unless it is possible to change or annul the judgment by way of other remedies available to site remedies.

Article. 4241a. [Judgments and which are not eligible for action] § 1. Judgments of the Court of second instance on which the complaint was made, and the judgments of the Supreme Court action is not eligible.

§ 2. The judgment of the Supreme Court issued as a result of bringing an appeal in cassation shall be treated as a judgment in the proceedings by filing a complaint.

Article. 4241b [compensation for damage caused by the release of a final judgment illegal] in the case of judgments, on which action is not entitled, compensation for damage caused by the release of a final judgment inconsistent with the law can claim without a finding of incompatibility of a decision in the proceeding with a complaint, unless the party has not benefited from its legal measures.

Article. 4242. [complaint] in the cases referred to in article 1. 4241 complaint may bring also the Attorney General, if non-compliance with the judgment of the law stems from a breach of the fundamental principles of the legal order, the Ombudsman-if non-compliance with the judgment of the law arises from the constitutional violation of freedom or rights of man and of the citizen, or the Ombudsman on the rights of the child, if the judgment of the non-compliance with the law is due to violations of the rights of the child.

Article. 4243. [Limitation] from the same judgment may bring only one complaint.

Article. 4244. [the basis of complaint] a complaint you can resist on the basis of the substantive law or the rules of conduct which gave rise to the judgment of the non-compliance with the law, when by his edition of the site was done. The basis of a complaint may not be, however, the allegations relating to the determination of facts or evaluation of the evidence.

Article. 4245. [complaint], § 1. The complaint shall contain: 1) determination of the sentence, from which it is brought, with an indication of whether it is contested in whole or in part;

2) cite some of its foundations, and the reasons for them;

3) an indication of the provision of the law, to which the contested judgment is incompatible;

4) prima facie evidence of injury caused by the issue of a judgment, which concerned;

5) show that the emotion of the contested judgment by way of other legal measures was not and is not possible and, where a complaint has been lodged by applying art. 4241 § 2 – that there is a unique event to justify bringing the complaint;

6) the request for a declaration of incompatibility of the judgment.

§ 2. In addition, the complaint should do comply with the requirements provided for in the pleading. To complaint – but its write-downs for the delivery of their participating in on people – be accompanied by two copies intended for the Act Supreme Court.

Article. 4246. [rejection of complaint] § 1. The complaint shall be lodged with the Court which made the contested ruling, within two years from the date of its implementations.

§ 2. In the event of a finding of failure to the formal conditions laid down in article 8. 4245 § 2, President calls for improving or supplementing the complaint.

§ 3. The complaint the complainant, unpaid brought in violation of article 86. 871 § 1 and the complaint that the shortcomings of the page does not delete within the Court rejects a private session.

Article. 4247. [Submit file to the Court the Supreme Court] after the receipt of a complaint, and when he brought the complaint to the respondent, the Attorney General, the Ombudsman or the Ombudsman on the rights of the child-both parties the Court shall submit the case to the highest Court files immediately.

Article. 4248. [rejection of complaint] § 1. The Supreme Court rejects a private session, if it continued to reject the lower court, the complaint to have been brought after the expiry of the deadline, a complaint which the requirements referred to in article 1. 4245 § 1, as well as the complaint inadmissible for other reasons.

§ 2. The complaint is subject to rejection, if the change of the contested judgment by way of other legal measures was or is possible or if there is an exception, as referred to in article 1. 4241 § 2.

Article. 4249. [refusal to recognise complaint] the Supreme Court refuses to hear the complaint, if it is obviously unfounded.

Article. 42410 [diagnosis of complaint] the Supreme Court hears a complaint within the limits of the appeal and within the limits of the scratch. The complaint shall be subject to the diagnosis of a private session, unless important reasons argue in favour of fixing the hearing.

Article. 42411 [dismissing] § 1. The Supreme Court dismisses a complaint in the absence of grounds for finding that the contested judgment is incompatible with the law.

§ 2. Having regard to the complaint, the Supreme Court finds that the judgment is contested terms inconsistent with the law.

§ 3. If at the time of adjudication the case due to a person not subject to Polish courts recently held or on the way to the Court was inadmissible, the Supreme Court is noting the incompatibility of the judgment of the law is to quash the contested judgment and the judgment of the Court of first instance and rejects a lawsuit or redeems.

Article. 42412. [the application of the provisions for appeal in cassation complaint] in the cases not regulated by the provisions of this chapter to conduct induced the lodging of the complaint shall apply mutatis mutandis the provisions of an appeal in cassation complaint.



TITLE VII separate Proceedings and proceedings in matrimonial matters Chapter 1 General provisions article 1. 425. [the application of the provisions of chapter] the provisions of this chapter shall apply in cases of annulment of marriage, to establish the existence or non-existence of marriage and divorce and separation at the request of one of the spouses.

Article. 426. [Representation] to represent the parties, it is necessary to mandate granted to conduct the case.

Article. 427. [Sitting by the door closed] meetings shall be held in camera, unless the two sides seek to resolve the court case and the public that the disclosure does not compromise morality.

Article. 428. [Failure] § 1. The hearing takes place regardless of the failure of one of the parties. However, in the event of unjustified failure to appear the plaintiff at the first meeting of the designated court to conduct the trial, the proceedings shall be suspended, unless the Prosecutor supports the request for cancellation or determine the existence or non-existence of marriage.

§ 2. Take the following procedure at the request of the plaintiff, not earlier than after the expiry of a period of three months from the date of interruption of the proceedings. In the event of failure of such a request within one year following the suspension, the court proceedings are barred. Redemption calls have the same effects as the remission of suspended proceedings at the request of the parties compatible, or because of their appearance.

Article. 429. [punishment for failure] If the requested party to personal appearance does not appear without justified reasons for the meeting, the Court may condemn it to a fine according to the provisions on penalties for failure by a witness, may not, however, order the forced bring her to court.

Article. 430. [prohibition of evidence] Juveniles who have not completed thirteen years, and their descendants who are the parties who have not completed seventeen years may not be heard as witnesses.

Article. 431. [prohibition of settlement] in the cases provided for in this chapter, you can not resist the decision solely on the recognition or grant the facts. In these cases do not apply. 339 § 2.

Article. 432. [the witness from the hearing of Parties] in each case for a divorce or legal separation, the Court manages the taking of evidence from the hearing of the parties. In other cases, the Court may refuse the admission of such evidence if the party appointed him or her. Article. 302 § 1 shall apply mutatis mutandis.

Article. 433. [hearing Protocol] Protocol of the trial must include a statement of the spouses as to the number, age and sex, children living, property relations and profit both spouses, specific obligations to maintain their non-common children and the content of the material contract, if the spouses have entered into such an agreement.

Article. 434. [environmental Interview] the Court may order the person determined by environmental interview in order to determine the conditions in which they live and raise the children of the parties.

Article. 4341. (repealed).

Article. 435. [the effectiveness of the judgment], § 1. A final judgment has effect against third parties.

§ 2. This does not apply to parts of the jurisdiction rights and property claims sought together with the niemajątkowymi rights.



Chapter 2 Cause for divorce and legal separation Article. 436. [refer the parties to mediation] § 1. If there are views on the maintenance of the marriage, the Court may refer the parties to mediation. Referral this is possible even if the proceeding was suspended.

§ 2. Mediation rules shall apply mutatis mutandis, except that the subject of mediation may also be reconciliation of the spouses.

§ 3. (repealed).

§ 4. If the parties do not agree to the person of the mediator, the Court directs them to a permanent mediator with theoretical knowledge, in particular with the education of psychology, pedagogy, sociology or law and practical skills in the conduct of mediation in family matters.

Article. 437. (repealed).

Article. 438. (repealed).


Article. 439. [the unacceptability of the counterclaim] § 1. Counterclaim for divorce or legal separation is unacceptable.

§ 2. During the process of a divorce or legal separation cannot be initiated a separate case for divorce or legal separation.

§ 3. Defendant in case of divorce may also petition for divorce or separation. Defendant in case of legal separation may also require the separation or divorce.

Article. 440. [suspension of proceedings], § 1. If the Court will take on the belief that there are views to maintain marital, suspend the proceedings. Such suspension may occur only once in the course of proceedings.

§ 2. Take the following proceedings on request of one of the parties; In addition to this article 6 shall apply mutatis mutandis. 428 to § 2.

Article. 441. [Purpose of evidence] the investigation evidence is primarily to establish the circumstances surrounding the distribution of cohabitation, as well as the circumstances relating to the children of the parties and their situation, and if the action is also the reasons which led to this respondent.

Article. 442. [Limitation of evidence] if the defendant acknowledges the claim and the spouses do not have common minor children, the Court may limit the evidentiary proceeding to a hearing of the parties.

Article. 443. (repealed).

Article. 444. [Inquiry maintenance claims] the spouse entitled to maintenance from the other spouse in the event of divorce, as well as in the event of separation. The investigation follows by request at a hearing in the presence of the other spouse, or in writing, which shall be served on the other spouse.

Article. 445. [prohibition of opening separate cases] § 1. During the process of a divorce or legal separation cannot be initiated a separate case to meet the needs of the family and of the child support payments between spouses or between them and their common minor children as to benefits for the period from the action for divorce or legal separation. The application or the request for protection in such a case the Court shall forward to the Court in which the action takes place, the matter of divorce or separation, in order to resolve under the provisions of a security procedure.

§ 2. Investigation on the needs of your family or for maintenance, initiated prior to commencing an action for divorce or separation, shall be ex officio the suspension as soon as the action for divorce or legal separation as to benefits for the period from its filing. Upon release in case of divorce or separation, the provisions granting a secure implementation of the obligation to meet the needs of the family or of the alimony shall be also taken by execution under the law of obligation to these benefits, issued previously initiated, for the period from the action for divorce or legal separation.

§ 3. After the final completion of the case of divorce or separation proceedings are suspended shall be taken under the law, and whose execution was suspended, shall be enforceable, but only as to the period for which in the case of divorce or legal separation has been ordered not to claims covered by the call on hold. The remainder of the proceedings is cancelled by operation of law.

Article. 4451. [suspension of proceedings], § 1. Where an action for divorce or legal separation is in progress, may not be initiated separate proceedings concerning parental authority over common minor children of the parties or to establish contacts with them. In case of need of parental authority or contact a security procedure applies.

§ 2. Proceedings concerning parental authority, or contacts initiated prior to commencing an action for divorce or legal separation shall be ex officio the suspension of parental authority, or contacts for the duration of the cases of divorce or separation proceedings the Court detention order. The Court decides to take the proceedings concerning parental authority, or contacts, if a final decision ending the proceedings in the case of divorce or legal separation has been ordered not to parental authority or contacts. Otherwise the proceedings shall be remitted.

Article. 4452. [Refer the parties to mediation] each State the case for a divorce or legal separation, the Court may refer the parties to mediation with a view to an amicable settlement of the dispute, questions relating to the meet the needs of the family, child support, how the exercise of paternal authority, contacts with children and property affairs subject to settlement in the divorce decree or separation. The recipe article. 436 section 4 shall apply mutatis mutandis.

Article. 4453. [application of the rules at the request of a party] at the request of a party shall apply the provisions of article 4. 5821 § 2 or 3.

Article. 446. [Remission procedure] in the event of the death of one of the spouses shall be decommitted by proceedings.



Chapter 3 other matters Article. 447. [establishment of guardian] § 1. At the request of the person who, after the death of one of the spouses wishes to bring an action for the annulment of the marriage, the District Court of the place of residence of the deceased shall establish the curator. If both spouses have died, the two curators.

§ 2. The provision of the preceding paragraph shall apply mutatis mutandis to actions for the establishment of the existence or non-existence of marriage.

Article. 448. [Proceedings of the Prosecutor] § 1. If an action for annulment of a marriage is being brought by the Prosecutor, he is suing both spouses, and in the case of the death of one of them is a curator at the place of the deceased spouse.

§ 2. The provision of the preceding paragraph shall apply mutatis mutandis to the proceedings of the Prosecutor to establish the existence or non-existence of marriage.

Article. 449. the [Prosecutor] § 1. In cases of cancellation or of the determination of the existence or non-existence of a marriage with a copy of the petition shall be served to the public prosecutor and shall notify it of the dates for the hearing.

§ 2. If the case has been, or there are many irregularities is supported by the Prosecutor, shall not apply the provisions on the suspension of the proceedings on the request of the parties compatible, or due to the appearance of both parties.

Article. 450. [suspension and waiver proceedings] § 1. Proceedings for annulment of marriage in the event of the death of one of the spouses shall be suspended.

§ 2. The procedure declares where the descendants of the spouse who brought the action does not report within six months after the release of the provision for suspension of the application for the proceedings.

§ 3. In the event of death of the defendant's spouse, and if the defendants were both spouses, in the event of the death of one of them, the procedure shall be taken after the Court is established, the Panel deliberated the curator, who joins in place of the deceased spouse.

Article. 451. [annulment], the provisions of article 4. 444, 445 and 4451 shall apply mutatis mutandis in cases of annulment of a marriage.

Article. 452. [establishment of a material separation between the spouses] to establish a material separation between the spouses shall apply mutatis mutandis the provisions of article 4. 426, 431, 432, 435 § 1, 441 and 446.



SECTION II Proceedings in matters of relations between parents and children Article. 453. [the provisions of chapter] the provisions of this chapter shall apply to the determination or denial of origin of the child, to establish paternity and adoption solution recognition of inefficiency.

Article. 4531. [the ability to process a child's mother and father] in cases of setting or denial of origin of the child and to establish recognition of the nullity of fatherhood the mother and father of the child have the ability to process even if they are limited in their ability to act, if the age of sixteen.

Article. 454. [Proceedings of the Prosecutor] § 1. To establish maternity or paternity action by dragging the Attorney in the lawsuit indicates the child on whose behalf the action is brought, and the child's mother or father's alleged respectively sues, and if these people do not live-guardian established their place.

§ 11. In cases of denial of maternity benefits Attorney, by dragging the action sues woman entered as the mother in the Act of birth of the child and the man whose paternity has been established taking into account her motherhood, and if these people do not live-guardian established their place and a child.

§ 2. In cases of denial of paternity claim by dragging the Attorney sues the husband of the mother of the child, and if the dead-guardian established in its place and the child, as well as the mother of the child, if alive.

§ 3. In cases of nullity determine the recognition of paternity Attorney, by dragging the action sues a child and a man who acknowledged paternity, and if this is dead-guardian established in its place, as well as the child's mother, if living; in the event of recognition of paternity after the death of the child, the Attorney suing at the place of the child guardian.

§ 4. In cases of termination of adoption attorney by dragging the action sues adopter and an adopted.

Article. 4541. [the unacceptability of the counterclaim] § 1. Counterclaim for the establishment or denial of motherhood, for the establishment or denial of paternity, as well as setting recognition of inefficiency of paternity is not acceptable.

§ 2. During the process of the determination or denial of motherhood, for the establishment or denial of paternity or to establish a nullity of recognition of paternity cannot be initiated a separate matter for the establishment or denial of motherhood, for the establishment or denial of paternity or to establish recognition of the nullity of fatherhood.

§ 3. The defendant may, however, also require the establishment or denial of motherhood, the establishment or denial of paternity or determine the nullity of the recognition of paternity.

Article. 455. [If] the hearing takes place regardless of the failure of one of the parties.

Article. 456. [Remission and suspension of proceedings], § 1. The procedure in the event of death to be decommitted by one of the parties, and if as the same page there are several people in the event of the death of all those subject to paragraph 2 and 3.


§ 2. In the case brought by the child for the establishment or denial of paternity denial of motherhood, or fix the nullity of recognition, as well as on the brought by a child or his mother to establish paternity, the proceedings shall be suspended in the event of the death of the defendants pending the establishment by the adjudicating court probation officer, which ascends to the place of the deceased. This provision shall apply in the case of adoption of a solution in the event of the death of adopter.

§ 3. [9] in the case of the determination or denial of motherhood, or denial of paternity and to establish recognition of the nullity of the proceedings in the event of death to be decommitted by the paternity of the child, unless the child who wytoczyło an action to establish paternity or maternity, left descendants; in this case, the proceedings shall be suspended. If the descendants within a period of six months from the date of the order to suspend the proceeding did not notify the application about his take, the court proceedings are barred.

Article. 4561. [notice of the ongoing process of] § 1. In cases of maternity determination the President shall inform the ongoing process of man, which concerns a presumption of origin of the child from the mother's husband, delivering him a copy of the lawsuit.

§ 2. In cases of denial of motherhood, the President shall notify about the ongoing process of the man whose paternity relates to the result of the proceeding, it can serve a copy of the lawsuit.

Article. 457. [Notification of the Prosecutor] in cases of denial of the child's origin or to establish recognition of the nullity of fatherhood, or for dissolution of adoption, a copy of the petition shall be served to the public prosecutor and shall notify it of the dates for the hearing.

Article. 458. [the application of the provisions of the Act], § 1. In matters covered by the provisions of this section shall apply mutatis mutandis the provisions of article 4. 426, 429, 431, 434 and 435.

§ 2. If at the same time, the determination of paternity comes to the related property claims, to that part of the proceedings in respect of these claims does not apply the provisions of article 4. 429 and 456. In the event of death of the defendant in proceedings for claims to property shall be suspended until the final decision of the case for the establishment of paternity, then it can be taken with the participation of the successors in title of the deceased or the curator.



SECTION III Procedure in matters concerning labour law and social security chapter 1 General provisions article 1. 459. [the application of the provisions of chapter] the provisions of this chapter shall apply in respect of matters from the scope of labour law and social security matters.

Article. 460. [judicial Capacity and process] § 1. The ability to process and is also the employer, even if does not have legal personality, and in matters concerning the social insurance ability that has the authority of the scheme and the provincial team to rule on matters of disability.

§ 2. In the event of the need to establish legal guardianship, the provision referred to in article 2. 69, may be decided also ex officio.

Article. 461. [jurisdiction], § 1. Proceedings in matters concerning labour law may be brought either before a Court of general jurisdiction of the defendant, or before the Court in whose area the job is, was or was to be carried out, or before the Court in whose jurisdiction is located the plant work.

§ 11. To the district courts, regardless of the value in dispute are matters from the scope of labour law to establish the existence of an employment relationship, for the recognition of the nullity of termination of the employment relationship, to restore to work and restore the previous working conditions or pay, and together with them, asserted claims and compensation in the event of unjustified or the offending provisions of notice and termination, as well as matters relating to penalties and disciplinary work and claims associated with it.

§ 2. In matters concerning the social security jurisdiction is the Court in whose district is domiciled «the appellant from the decision taken by the scheme, unless otherwise provided for in a separate provision.

§ 21. In matters concerning social security, which appealed the decision of the pension authority specified by the proper Minister of the Interior, the military authority of the pension scheme or pension authority competent in relation to the officers of the prison service, the Court in whose jurisdiction is located the body.

§ 22. In cases in which the jurisdiction of the Court cannot be determined according to the provisions of § 1-21, the Court in whose jurisdiction is located the body scheme.

§ 3. A Court of competent jurisdiction may, on the proposal of the parties refer the matter to another court to, rozpoznającemu matter from the scope of the labour law or social security, if you argue in favour of including considerations of expediency. Provision on the matter may be decided in private session. The Court to which the case was referred, is bound by the Court of the transferor.

Article. 462. [NGOs] in matters concerning labour law and social security, non-governmental organisations in the field of their statutory tasks, with the consent of the employee or the insured person expressed in writing, they can field a court action for the benefit of the employee or lodge an appeal against a decision of the bodies, and also, with the consent of the employee or the insured person expressed in writing to join them in the ongoing investigation.

Article. 463. (repealed).

Article. 464. [referral] § 1. The rejection of the petition may not be inadmissible way, when to hear the case, the competent authority is different. In this case, the Court shall communicate to him. Order of the Court to refer the matter may be decided in private session. However, if the authority has previously been found to be inappropriate, the Court will recognize the case.

§ 2. Payment to a court petition, from then, pursuant to the preceding paragraph, the effect that the Act binds with instituting the action.

Article. 465. [power of Attorney] § 1. A delegate of the employee or of the insured may also be represented by a trade union or labour inspector or an employee of the establishment of work, during which the principal is or has been employed, and the insured is also representative of the umbrella organization of retirees and pensioners.

§ 11. A delegate of the employer that is not a legal person or an entrepreneur or authority of the scheme may also be his. A delegate of the provincial team for the rule on disability can be its member.

§ 2. To receive the charges recoverable to an employee or insured is required power of Attorney, granted after the founding of the enforcement order.

Article. 466. [Individual employee action] Employee or insured person acting without a lawyer or solicitor may report in the Court verbally to the Protocol of action and remedies, and other pleadings.

Article. 467. [initial test cases] § 1. Immediately after the case the Chairman or designated by the judge makes her preliminary examination.

§ 2. Preliminary examination of the case is to determine whether it meets the requirements necessary to legal proceedings instituted, to give it a further course, and to take steps to settle the matter at the first meeting.

§ 3. After a preliminary examination of the case the President calls for formal deficiencies of the letter only if these deficiencies will not be removed in the course of investigating.

§ 4. If in the course of the preliminary examination of the matter of social insurance you will find that there are important gaps in the material, and to carry out its complement in a judicial proceeding would be combined with considerable difficulties, the Chairman or designated by him, the judge may ask the authority rentowemu files in order to supplement the material of the case. The same applies to the case where the decision of the authority of the scheme does not include: 1) of the legal basis and factual;

2) indicate how the calculation of the benefit;

3) relevant instruction for legal consequences of the decision and its appeal.

Article. 468. [Act explanatory notes] section 1. The Court shall take steps, if you argue in favour of including the results of the preliminary examination of the case, and when the case was not the subject of proceedings before the Conciliation Commission, unless this does not accelerate the proceedings or are obviously not advisable for other reasons.

§ 2. Explanatory activities aim to: 1) remove the shortcomings of formal pleadings, including, in particular, to define more precisely the reported requests;

2) in matters concerning labour law is to clarify the positions of the parties and getting them to reconciliation and settlement;

3) determine what the relevant to the adjudication of the matter the circumstances are disputed between the parties and whether and what evidence should be carried out in order to clarify;

4) explanation of other circumstances which are relevant for the proper and speedy settlement of the case.

§ 3. Explaining the operations shall be carried out without the participation of jurors.

§ 4. A provision specifying the means of giving or obtaining evidence and facts which are the subject of the confirmation may be decided in private session.

Article. 469. [Legitimate interest of an employee] the Court considers settlement, to withdrawal of claim, objection or appeal and waiver or limitation of claim inadmissible also if it infringes the legitimate interests of the employee or insured.

Article. 470. [Representation] where investigating take or arrange for personal appearance at the hearing, the defendant should be represented by a person familiar with the facts of the case and entitled to settlement.

Article. 471. [the term trial] hearing should be designated so that from the date of completion of investigating, and if these steps have not been taken, from the date of filing, or references, to no more than two weeks have elapsed, unless there are indelible to remove obstacles.


Article. 472. [summons and service] 1. The Court may call on the parties, witnesses, experts or other persons in a manner that considers the most purposeful, even bypassing the ways prescribed by the General provisions, if it considers it necessary to speed up the diagnosis of the case. This also applies to the service and orders to prepare for the hearing, in particular the demand necessary to settle the Affairs of personal files and other documents.

§ 2. Call and delivery made in this way provided for effect in the code, if it is clear that there has been a message for the recipient.

Article. 473. [Exclude] section 1. In the cases provided for in this chapter shall not apply to the provisions limiting the admissibility of the evidence of the witnesses and the parties.

§ 2. (repealed).

Article. 474. (repealed).

Article. 475. [punishment for failure] if a party without justified reasons does not perform in the course of proceedings provisions or regulations, the Court may condemn it to a fine according to the provisions on penalties for failure by a witness and refuse to grant costs or use one of these measures; may not, however, order the forced bring her to court. When a party this is an organizational unit, a fine is subject to the employee responsible for the implementation of the provisions of, or orders, (a) in the case of niewyznaczenia such an employee or the impossibility of his findings – head of this unit.

Article. 4751. [exclusion of application of the provisions of the Act], the provisions of article 4. 466, 467, 468, 470 and 471 shall not apply to the appeal and the proceedings before the Supreme Court, called her filing.

Article. 476. [Definitions] section 1. By labour affairs understands things: 1) claims of the employment relationship or related;

11) to establish the existence of an employment relationship, if the linking page the legal relationship between them, contrary to the agreement, it has the characteristics of the employment relationship;

2) claims from other legal relations, which under separate provisions of law shall apply;

3) for damages arising from the workplace on the basis of the provisions on benefits in respect of accidents at work and occupational diseases.

§ 2. By social insurance matters are understood to be the case, in which the appealed decision bodies, on: 1) social security;

2) pensions and annuities;

3) (repealed);

4) other benefits in matters within the properties of the insurance undertaking;

5) compensation benefits of the remedies available in the event of accident or illness in connection with military service or service in the police, border guard, State Fire Department, the Office of the protection of the Government, the Prison Service, the internal security agency, intelligence agencies, Military Counterintelligence Service, military intelligence Service and the Central Office of the Antykorupcyjnym.

§ 3. By social insurance matters are understood to be also the case brought as a result of any by the scheme of the decision within the appropriate time limits, as well as cases in which appealed the decision of the provincial team for adjudicating disability claims of the legal relations between the members of the open pension funds and these funds or their authorities and the matter of the relationship between retired or uposażonymi within the meaning of the provisions of the pensions and Social Insurance capital.

§ 4. By the authorities of the scheme is to be understood: 1) organizational units of the establishment of social security referred to in the provisions of the social security system, competent to issue decisions on benefits, 2) (repealed), 3 military retirement pension authorities and bodies) Government departments of the Interior and justice, as well as other military authorities and the authorities of the Department of the Interior and justice is competent to issue decisions in cases referred to in § 2 as well as the President of the Agricultural Social Insurance Fund.

§ 5. By used in this section the term 1) employee-includes: (a) the agricultural production cooperative member) the person providing the work under a job-processing contract, and family members and heirs of agricultural production cooperative, a member of the employee and the person providing the work under a job-processing contract, as well as other persons who by virtue of other legislation are entitled to claim from the scope of labour law, (b)) a person up from workplace compensation or determine entitlement to benefits on the basis of the provisions on benefits in respect of accidents at work and occupational diseases;

2) insured – means a person seeking a: a) benefited from social security or pension, (b)) the determination of the existence or non-existence of the obligation to insure, its scope or a dimension of contributions, c) to provide for matters belonging to the insurance undertaking's properties, d) the right of compensation in the event of accident or illness in connection with military service or service in the police , Border guard, State Fire Department, the Office of the protection of the Government, the Prison Service, the internal security agency, intelligence agencies, Military Counterintelligence Service, military intelligence Service and the Central Office of the Antykorupcyjnym.



Chapter 2 Procedure in matters concerning labour law Art. 477. [call for participation on] in proceedings commenced by an employee action request to participate in the case referred to in article 2. 194 § 1 and § 3, the Court may also on its own initiative. The President shall instruct the employee with claims arising from the cited by him.

Article. 4771. [alternative Claim] if the staff member has selected one of the remedies available to him as an alternative claim, and the claim proves to be unfounded, the Court may of its own motion consider other alternative claim.

Article. 4772. [Rigor immediate enforceability] § 1. Zasądzając rental employee in matters concerning labour law, the Court of its own motion will give judgment in his edition of the rigor of immediate enforceability in part not exceeding one month's full salary of the employee. The recipe article. § 334 4. 335 § 1, second sentence, shall apply mutatis mutandis; do not apply article 5(1). 335 § 2.

§ 2. Recognizing the termination of a contract of employment for the ineffective, the Court at the request of the employee, it may in its judgment to impose on the undertaking of work required to continued employment of the employee until a final diagnosis of the case.

Article. 4773. (repealed).

Article. 4774. (repealed).

Article. 4775. (repealed).

Article. 4776. [Immediate enforceability] § 1. Judgment of the Court of first instance zasądzający benefit to the worker or members of his family, in respect of which the Court of second instance dismissed the appeal of the workplace, shall be immediately enforceable in parts, in which the Court does not give him immediate feasibility on the basis of article. 4772. § 2. Provision of section 1 shall also apply to the judgments of the Court of second instance zasądzających benefit to the worker or members of his family.

§ 3. The Court of second instance gives ex officio the judgement referred to in § 1 and 2, the feasibility of a clause on publication of the judgment and the judgment of the provided clause seems to the holder.

Article. 4777. [exclusion of application of the provisions of] the provisions of article 4. 464, 467, 468, 470-473 shall not apply in cases where the employee is a party defendant.



Chapter 3 the proceedings in matters concerning the social security Article. 4778. property [circuit court] § 1. To the properties of the district courts are a matter of social insurance, with the exception of the cases for which the copyright is property of the district courts.

§ 2. To the jurisdiction of the District include: 1) for sickness, maternity, caring, expansion and funeral;

2) rehabilitation services;

3) for compensation for an accident at agricultural work, an accident on the way to work or from work, an accident at work or occupational disease, accident or an occupational disease which has a connection with an active military service or service in the police, the internal security agency, intelligence agencies, Military Counterintelligence Service, military intelligence Service, the Office Of Antykorupcyjnym, the border guard, the Office of the protection of the Government, the Prison Service, State Fire Department and the customs service;

4) to establish the degree of disability or disability;

5) (repealed);

6) (repealed);

Article. 4779. [reference] § 1. Appeals from a decision of the pension authorities or judgments of the provincial assemblies to decide matters of disability shall be lodged in writing to the authority or the team that has made the decision or judgement, or to the Protocol drawn up by the authority or the team, within one month from the date of notification of the decision or judgment.

§ 2. Scheme authority or provincial team to rule on matters of disability shall immediately forward the appeal together with the acts of the case to the Court. This authority or, if an appeal is wholly appropriate, it may amend or repeal the contested decision or judgement. In this case, the reference is not suitable to continue the run.

§ 21. If the appeal from the decision of the authority scheme outlined new circumstances relating to incapacity for work or incapacity to independent existence either permanent or long-term damage to health that arose after the date of the judgment by a predicate, the establishment of social security, which was not an objection, or of a medical Committee of the establishment of social security, the scheme does not pass a reference to the Court, but headed to the doctor predicate of an insurance undertaking to reconsider. Authority of the scheme, consider the decision repeals the new circumstances and issues a decision which may be appealed to the Court. This provision shall also apply when it is not possible to establish the date of inception indicated in the cancellation of the new circumstances.


§ 3. The Court rejects the appeal brought after the expiry of the deadline, unless the exceeding the time limit is not excessive and has occurred for reasons beyond the control of the appellant.

§ 31. The Court rejects the appeal for the provision of social security, to which the law is subject to a finding of incapacity or inability to independent existence or find a permanent or long-term damage to health, if the basis for the decision is the decision of a doctor, an insurance undertaking predicate and the person concerned has not brought opposition from that judgment to the Medical Committee of the establishment of social security and the appeal is based solely on the allegations concerning this decision. If the appeal is based on the plea, made after the date of examinations that have opposition from this ruling and opposition after the date has occurred for reasons beyond the control of the person concerned, the Court rescinds the decision, refer the matter back to the body rentowemu and redeems. In this case, the authority of the scheme to the Commission to hear the opposition directs the plant's Medical Social Insurance.

§ 32. In the cases referred to in section 31, a court order can be taken in private session.

§ 33. Provision of section 31 shall apply mutatis mutandis in cases of provision of social insurance for farmers.

§ 4. If the authority scheme or provincial disability adjudication team has not given a decision or a judgment within two months from the date of filing of the claim in the manner prescribed, an appeal may be made at any time after the expiry of that period.

§ 5. The insured person or the person referring the decision of the provincial team for the rule on disability may also appeal-with the exception of the references referred to in § 4-to the Protocol in the Court to hear the case or in the Court of the place of residence of the insured person or a person that refers to a judgment of the provincial team for the rule on disability.

§ 6. The Court to which an appeal has been lodged, shall immediately forward to the Protocol to the body or team, which issued the contested decision or judgment unless the Court is competent to entertain. In such a case, the Chairperson shall immediately request a file and give the course cancellation by sending it a copy of the Protocol, the body or the team that issued the contested decision or judgement.

Article. 47710. [content of appeal] § 1. The reference should include the designation of the contested decision or judgement, concise cite some allegations and conclusions and the reasons for them and the signature of the insured person or a person that refers to a judgment of the provincial team for the rule on disability, or of the legal representative or a representative of the insured person or a person that refers to a judgment of the provincial team for the rule on disability.

§ 2. If the insured has reported new request, hitherto unrecognized by the scheme, the Court accepts the request for the record and passes it to the diagnosis of rentowemu authority.

Article. 47711. [the parties, interested in], § 1. The parties are insured, the person referring the decision of the provincial team for the rule on disability, another person whose rights and obligations affected by the contested decision, the authority of the scheme, the provincial team for the rule on disability and interested.

§ 2. Interested in is the one whose rights or obligations depend on the settlement of the case. If the person concerned does not participate in the case, the Court shall notify him about the ongoing investigation. The person concerned may join to the matter within two weeks from the date of service of the notice. To the person concerned article 5(1). 174 section 1 does not apply.

§ 3. Order of the Court to the notice of the person concerned about the ongoing proceeding can be taken in private session.

Article. 47712 [prohibition of settlement] is not an acceptable settlement.

Article. 47713. [change the contested decision], § 1. Change by the scheme of the contested decision or provincial disability adjudication team contested the decision before a settlement of the matter by the Court-by a decision or judgement, taking into account, in whole or in part, a request for a page causes remission of the proceeding in whole or in part. In addition to this change or the execution of the decision or judgment does not affect the course of the case.

§ 2. Order of the Court to prosecute may be taken in closed session.

Article. 47714. [the Court ruling] § 1. The Court of first instance dismisses the appeal, if there are no grounds for his consideration.

§ 2. In the case of a successful appeal, the Court changes, in whole or in part the contested decision authority scheme or the contested ruling of the provincial team for the rule on disability and rule on the merits of the case.

§ 3. If the appeal is sought in connection with the niewydaniem decision by the scheme or the niewydaniem ruling by the provincial team to rule on issues of disability, the Court in the event of a successful appeal, requires the authority or the team to issue a decision or a judgment within a specified period, by notifying the parent authority, or rule on the merits of the case. At the same time, the Court considers whether or not to issue a decision by the authority of the scheme took place with blatant violation of the law.

§ 4. In the case of the provision of social security, to which the law is subject to a finding of incapacity or inability to independent existence or find a permanent or long-term damage to health, if the basis for the decision is the opinion of a doctor or insurance undertaking Commission decision predicate Medical Insurance Wager and an appeal against a decision based solely on the allegations concerning the judgment of the the Court did not rule on the merits of the case based on new circumstances relating to the finding of incapacity or inability to independent existence or find a permanent or long-term damage to health that arose after the date of deposit of the appeal against the decision. In this case the Court rescinds the decision, refer the matter to the body rentowemu and redeems.

§ 5. The provision of § 4 shall apply mutatis mutandis in cases of provision of social insurance for farmers.

§ 6. In the case which appealed the decision of the provincial team for the rule on disability, the Court does not rule on the merits of the case based on new circumstances with regard to disability, which arose after the date of filing of an appeal against this ruling. In this case the Court rescinds ruling, shall refer the matter to the diagnosis of wojewódzkiemu the team for rule on disability and redeems.

Article. 47714a. [referral rentowemu authority], the Court of second instance avoiding judgment and precede it with the decision of the authority of the scheme may refer the matter back to the pass directly to the authority rentowemu.

Article. 47715. (repealed).

Article. 47716. (repealed).



SECTION IV of the proceedings in cases of violation of Article ownership. 478. [Limitation] in cases of violation of possession the Court examines only the last State of possession and the fact his violation, not recognizing the same rights nor the defendant's good faith.

Article. 479. [prohibition of counterclaim] in cases of violation of possession of a counterclaim is not acceptable.



SECTION IVa proceedings in competition matters Art. 4791. (repealed).



Article. 4791a. (repealed).



Article. 4792. (repealed).



Article. 4793. (repealed).



Article. 4794. (repealed).



Article. 4795. (repealed).



Article. 4796. (repealed).



Article. 4796a. (repealed).



Article. 4797. (repealed).



Article. 4798. (repealed).



Article. 4798a. (repealed).



Article. 4799. (repealed).



Article. 47910. (repealed).



Article. 47911. (repealed).



Article. 47912. (repealed).



Article. 47913. (repealed).



Article. 47914. (repealed).



Article. 47914a. (repealed).



Article. 47914b. (repealed).



Article. 47915. (repealed).



Article. 47916. (repealed).



Article. 47917. (repealed).



Article. 47918. (repealed).



Article. 47919. (repealed).



Article. 47919a. (repealed).



Article. 47920. (repealed).



Article. 47921. (repealed).



Article. 47922. (repealed).



Article. 47923. (repealed).



Article. 47924. (repealed).



Article. 47925. (repealed).



Article. 47926. (repealed).



Article. 47927. (repealed).



Article. 47928 [Reference] § 1. Circuit Court-the Court of competition and consumer protection jurisdiction in matters relating to: 1) appeals from decisions of the President of the Office of competition and consumer protection, referred to in the provisions of this chapter, "the President of the Office;

2) complaints on the provisions issued by the President of the Office in proceedings conducted on the basis of competition and consumer protection laws or regulations separate;

2A) complaints on the provisions issued by the President of the Office on consideration of an objection referred to in article 2. 84c of the Act of 2 July 2004 on freedom of economic activity (OJ of 2013. poz. 672, as amended);

3) complaints on the provisions issued by the President of the Office in proceedings conducted security on the basis of the provisions of the law on protection of competition and consumers;

4) complaints on the provisions issued in enforcement proceedings in order to comply with the obligations arising from the decisions and provisions issued by the President of the Office;

5) complaints referred to in article 1. of 105 m and in article 1. 105 p of the Act of February 16, 2007, the competition and consumer protection (Journal of laws No. 50, poz. 331, as amended).

§ 2. An appeal against a decision of the President of the Office shall be paid through the Court of competition and consumer protection within one month from the date of notification of the decision.


§ 3. An appeal against a decision of the President of the Office should do comply with the requirements prescribed for the pleading and contain the designation of the contested decision, adduction, brief the reasons for them, an indication of the evidence, and also include a proposal to set aside or vary the decision in whole or in part.

Article. 47929 [proceedings], § 1. A party to the proceedings before the Court of competition and consumer protection is the President of the Office and the principal party in the proceedings before the President of the Office, as well as a complaint against appellants.

§ 2. (repealed).

§ 3. A delegate of the President of the Office may be an employee of the Office of competition and consumer protection.

Article. 47929a. (repealed).

Article. 47930. [suspension of enforcement of a decision] in the event of an appeal against a decision of the President of the Office of competition and consumer protection, the Court may, at the request of the party which has lodged the appeal to suspend the execution of the decision pending the resolution of the case. The order may be issued on the closed session.

Article. 47931. [appeal] [10], § 1. Competition and consumer protection Court dismisses an appeal against a decision of the President of the Office, if there are no grounds for his consideration.

§ 2. Competition and consumer protection Court rejects an appeal lodged after the expiry of the deadline for its lodging, unacceptable for other reasons, and even if not revised within the prescribed period the deficiencies of the appeal.

§ 3. The Court of competition and consumer protection, taking into account an appeal against a decision changes the decision in full or in part and shall decide on the merits of the case.

Article. 47931a. [appeal] § 1. Competition and consumer protection Court dismisses an appeal against a decision of the President of the Office, if there are no grounds for his consideration.

§ 2. Competition and consumer protection Court rejects an appeal lodged after the expiry of the deadline for its lodging, unacceptable for other reasons, and even if not revised within the prescribed period the deficiencies of the appeal.

§ 3. In the event of a successful appeal, the Court of competition and consumer protection in the contested decision or repeals, or changes, in whole or in part, and rule on the merits of the case. At the same time, the Court considers whether the contested decision was adopted without a legal basis or with a blatant violation of the law.

§ 4. In the event of a successful appeal of the decision stating the infringement of the prohibitions referred to in article 1. 6 (2). 1 points 1-6 of the Act of 16 February 2007 on the protection of competition and consumers, or in the article. 101 paragraphs 1 and 2. 1 (b). (a) to (e) of the Treaty on the functioning of the European Union, through its set aside for an entrepreneur or a change in such a way that the trader is not imposed penalty, the Court of competition and consumer protection Office to quash this decision well in person, referred to in article 14(2). 6a of the Act, which committed the infringement of the prohibitions by the trader.

§ 5. In proceedings of appeal and cassation recipe section 4 shall apply mutatis mutandis.

Article. 47932. [complaint provision] § 1. The complaint in the order of the President of the Office shall be lodged to the Court of competition and consumer protection within one week of the date of notification of this decision.

§ 2. The provisions of article 4. 47928 § 2 and § 3 and article. 47930. 47931a shall apply mutatis mutandis to the complaint to the President of the Office.

Article. 47933. [the secret of companies] section 1. In the proceedings before the Court of competition and consumer protection protects the secrecy and other secrets protected on the basis of separate provisions.

§ 2. The Court of competition and consumer protection provisions may, by way of proceedings page, disclose information protected in proceedings before the President of the Office as a mystery, on the other hand companies only when: 1) has changed substantially the circumstances which are the basis for the issue by the President of the Office the provisions restricting the right of access to evidence attached by the parties to the file of the case;

2) whose secret is protected, agreed.

§ 2a. The documents referred to in article 1. 70 paragraph 1. 4 of the Act of 16 February 2007 on the protection of competition and consumers, can be copied by the parties and other participants in the proceedings only where the operator or the accountable manager referred to in that provision, express consent in writing. Without the prior written consent of entrepreneurs or individuals may be drawn up governing only handwritten notes from these documents, following the undertaking that the information obtained in this way will only be used for the purposes of proceedings pending in the case.

§ 2b. Copies of the documents referred to in article 1. 70 paragraph 1. 4 of the Act of 16 February 2007 on the protection of competition and consumers, without the prior written consent of the trader or the governing person or information obtained through access to such documents may not be used as evidence in proceedings held before a court in another case.

§ 3. The Court at the request of a party or of its own motion may, by way of the provisions, to the extent necessary to restrict other parties entitled to evidence attached by the parties to the file of the case in the course of the court proceedings, if the provision of this material undermining the disclosure of secret business or other secrets to be protected on the basis of separate provisions.

§ 4. Limitation of the right of access to evidence referred to in § 3, does not apply to the President of the Office.

§ 5. The provision referred to in paragraph 2 and 3, is not entitled to appeal.

§ 6. In the case of any other civil court to the Court of competition and consumer protection, in the context of the investigation conducted to provide the documents referred to in article 1. 70 paragraph 1. 4 of the Act of 16 February 2007 on the protection of competition and consumers, these documents are made available only with the written approval of the trader or the management persons referred to in that provision.

Article. 47934 [exemption from court fees] [11] in proceedings before the Court of the President of the Office of competition and consumer protection there is no obligation to lodge court fee and reimbursement of the costs of the proceedings.

Article. 47935. [appeal] § 1. (repealed).

§ 2. Appeal in cassation from the judgment of the Court of second instance shall be entitled to regardless of the value of the subject of the appeal.



SECTION IV (B) the proceedings in cases of recognition of the provisions of the master agreement for prohibited Articles. 47936 [Court] cases for recognition of the provisions of the master agreement are not allowed to belong to the properties of the circuit court-the Court of competition and consumer protection.

Article. 47937. (repealed).

Article. 47938 [bring a court action] § 1. Proceedings in cases heard under the provisions of this chapter may bring anyone who deals the defendant could conclude an agreement containing a provision with him, which is not allowed for a petition. An action may be brought also the non-governmental organization, to which statutory tasks should be to protect the interests of consumers, the County (municipal), a consumer advocate and the President of the Office of competition and consumer protection.

§ 2. An action may also be brought the Organization's foreign list of organizations in the Member States of the European Union to initiate the procedure for the recognition of the provisions of the master agreement, published in the official journal of the European communities, if the purpose justifies her actions by the instance with the pattern request contracts used in Poland, threatening the interests of consumers in the Member State where the organisation has its seat.

Article. 47939 [disapplication of the master contract] with a request for recognition of the provisions of the master agreement not allowed you can also occur when the defendant ceased its use, if the omission does not it took six months.

Article. 47940 [Inefficiency to refrain from applying the provisions of the contested contractual standard] Failure by the defendant, after bringing them to the action, the application of the contested provisions of the contractual standard has no impact on the course of the proceedings.

Article. 47941 [Inadmissibility settlement] in recognition of the provisions of the master agreement allowed the Court cannot pass judgment only on the basis of the recognition of the action. It is also the conclusion of the agreement.

Article. 47942. [text of the judgment, taking into account the action] § 1. If you take into account the court proceedings in the operative part of the judgment refers to the content of the provisions of the master agreement are considered illegal and prohibits their use.

§ 2. From the judgment of the Court of second instance shall be entitled to appeal in cassation to the Supreme Court.

Article. 47943 [judgement Effectiveness final] Final Judgment has effect against third parties from the moment of entry deemed illegal the provisions of the master agreement, as referred to in article 1. 47945 § 2.

Article. 47944. [publication of final judgment], § 1. The Court manages the publication of the final judgment in the Gazette and the economy.

§ 2. The costs of publication of the judgment referred to in paragraph 1, are included in the cost of the process.

Article. 47945 [a copy of the final judgment], § 1. A copy of the final judgment, taking into account the action, the Court shall forward to the President of the Office of competition and consumer protection.

§ 2. The President of the Office of competition and consumer protection, on the basis of the judgments referred to in § 1, the provisions of the contract patterns deemed to be denied.

§ 3. The register referred to in paragraph 2, shall be public.

§ 4. The Council of Ministers shall determine, by regulation, provisions of the registry agreement patterns pattern are considered illegal.



SECTION IV (C) Proceedings in matters concerning energy regulation Art. 47946 [a Court of competent jurisdiction in matters concerning energy] District Court-the Court of competition and consumer protection jurisdiction in matters relating to: 1) appeals from decisions of the President of the Office of energy Regulation, referred to in the provisions of this chapter, "the President of the Office;


2) complaints on the provisions issued by the President of the Office in proceedings conducted pursuant to the provisions of the Act of 10 April 1997-energy law (Dz. u. of 2012. poz. 1059 and 2013. poz. 984 and 1238) or separate.

Article. 47947. [appeal] § 1. An appeal against a decision of the President of the Office shall be paid through the Court of competition and consumer protection within two weeks from the date of notification of the decision.

§ 2. Competition and consumer protection Court rejects an appeal lodged after the expiry of the deadline for its lodging, unacceptable for other reasons, and even if not revised within the prescribed period the deficiencies of the appeal.

Article. 47948. [transfer of appeal] § 1. The President of the Office shall immediately forward the appeal together with the acts of the case to the Court.

§ 2. If the President of the Office shall consider a reference, can-not by passing the Act of the Court is to repeal or amend its decision in whole or in part, without delay, notify the page by uploading a new decision against which the website is used.

Article. 47949. [valid] an appeal against a decision of the President of the Office should do comply with the requirements prescribed for the pleading and contain the designation of the contested decision and the value in dispute, adduction, brief the reasons for them, an indication of the evidence, and also include an application for the repeal or amendment of a decision in whole or in part.

Article. 47950 [Parties], § 1. In matters concerning the regulation of energy are also parties to the President of the Office and the person concerned.

§ 2. Interested in is the one whose rights or obligations will depend on the decision process. If the person concerned has not been asked to participate in the case, the Court of competition and consumer protection will make it at the request of a party or of its own motion.

Article. 47951 [a representative of the President of the Office] as a delegate of the President of the Office may be an employee of the Office of Energy Regulation.

Article. 47952. [Suspension decision] in the event of an appeal against a decision of the President of the Office of competition and consumer protection, the Court may, at the request of the party which has lodged the appeal to suspend the execution of the decision pending the resolution of the case. The order may be issued on the closed session.

Article. 47953. [appeal] § 1. Competition and consumer protection Court dismisses an appeal against a decision of the President of the Office, if there are no grounds for his consideration.

§ 2. In the event of a successful appeal, the Court of competition and consumer protection in the contested decision or repeals, or changes, in whole or in part, and rule on the merits of the case.

Article. 47954. (repealed).

Article. 47955. [the application of the provisions for complaints on the provisions of] the provisions of article 4. 47932 § 1 and article. 47947-47954 [12] shall apply mutatis mutandis to the complaint to the President of the Office.

Article. 47956. [appeal] § 1. (repealed).

§ 2. Appeal in cassation from the judgment of the Court of second instance shall be entitled to regardless of the value of the subject of the appeal.



IVd DEPARTMENT Proceedings in matters concerning telecommunications and mail Art. 47957 [Court of the rights from the scope of regulation of telecommunications] District Court-the Court of competition and consumer protection jurisdiction in matters relating to: 1) appeals from decisions of the President of the Office of electronic communication, referred to in the provisions of this chapter, "the President of the Office;

2) complaints on the provisions issued by the President of the Office in proceedings conducted on the basis of the provisions of the Act of 16 July 2004-Telecommunications Law (Dz. u. Nr 171, poz. 1800, as amended), laws of 23 November 2012.-Postal Law or separate.

Article. 47958 [appeals] § 1. An appeal against a decision of the President of the Office shall be paid through the Court of competition and consumer protection within two weeks from the date of notification of the decision.

§ 2. Competition and consumer protection Court rejects an appeal lodged after the expiry of the deadline for its lodging, unacceptable for other reasons, and even if not revised within the prescribed period the deficiencies of the appeal.

Article. 47959. [transfer of appeal] § 1. The President of the Office shall immediately forward the appeal together with the acts of the case to the Court.

§ 2. If the President of the Office shall consider a reference, can-not by passing the Act of the Court is to repeal or amend its decision in whole or in part, without delay, notify the page by uploading a new decision against which the website is used.

Article. 47960. [valid] an appeal against a decision of the President of the Office should do comply with the requirements prescribed for the pleading and contain the designation of the contested decision and the value in dispute, adduction, brief the reasons for them, an indication of the evidence, and also include an application for the repeal or amendment of a decision in whole or in part.

Article. 47961 [Parties], § 1. In matters concerning the regulation of telecommunications and mail are also parties to the President of the Office and the person concerned.

§ 2. Interested in is the one whose rights or obligations will depend on the decision process and the person who participated in the proceedings before the President of the Office for the rights of the parties. If the person concerned has not been asked to participate in the case, the Court of competition and consumer protection will make it at the request of a party or of its own motion.

Article. 47962 [a representative of the President of the Office] as a delegate of the President of the Office may be an employee of the Office of electronic communication.

Article. 47963. [Suspension decision] in the event of an appeal against a decision of the President of the Office of competition and consumer protection, the Court may, at the request of the party which has lodged the appeal to pause until the adjudication decisions, if there is a danger of injury or causing hard-to-reverse the effects. The order may be issued on the closed session.

Article. 47964. [appeal] § 1. Competition and consumer protection Court dismisses an appeal against a decision of the President of the Office, if there are no grounds for his consideration.

§ 2. In the event of a successful appeal, the Court of competition and consumer protection in the contested decision or repeals, or changes, in whole or in part, and rule on the merits of the case.

Article. 47965. (repealed).

Article. 47966. [the application of the provisions for complaints on the provisions of] the provisions of article 4. 47932 § 1 and article. 47958-47965 [13] shall apply mutatis mutandis to the complaint to the President of the Office.

Article. 47966a [the appropriate application of the provisions of] the proceedings in matters concerning the regulation of telecommunications and mail. 47933 shall apply mutatis mutandis.

Article. 47967. [appeal] § 1. (repealed).

§ 2. Appeal in cassation from the judgment of the Court of second instance shall be entitled to regardless of the value of the subject of the appeal.



SECTION I've Proceedings in matters concerning the regulation of rail transport Article. 47968 [a Court of competent jurisdiction in matters concerning the regulation of rail transport] District Court-the Court of competition and consumer protection jurisdiction in matters relating to: 1) appeals from decisions of the President of the Office of rail transport, referred to in the provisions of this chapter, "the President of the Office;

2) complaints on the provisions issued by the President of the Office in proceedings conducted on the basis of the provisions of the Act of 27 June 1997 on transport by rail (OJ No 96, item 591, as amended.) [14] or separate.

Article. 47969 [appeals] § 1. An appeal against a decision of the President of the Office shall be paid through the Court of competition and consumer protection within two weeks from the date of notification of the decision.

§ 2. Competition and consumer protection Court rejects an appeal lodged after the expiry of the deadline for its lodging, unacceptable for other reasons, and even if not revised within the prescribed period the deficiencies of the appeal.

Article. 47970. [transfer of appeal] § 1. The President of the Office shall immediately forward the appeal together with the acts of the case to the Court.

§ 2. If the President of the Office shall consider a reference, can-not by passing the Act of the Court is to repeal or amend its decision in whole or in part, without delay, notify the page by uploading a new decision against which the website is used.

Article. 47971. [valid] an appeal against a decision of the President of the Office should do comply with the requirements prescribed for the pleading and contain the designation of the contested decision and the value in dispute, adduction, brief the reasons for them, an indication of the evidence, and also include an application for the repeal or amendment of a decision in whole or in part.

Article. 47972 [Parties], § 1. In matters concerning the regulation of rail transport are also parties to the President of the Office and the person concerned.

§ 2. Interested in is the one whose rights or obligations will depend on the decision process. If the person concerned has not been asked to participate in the case, the Court of competition and consumer protection will make it at the request of a party or of its own motion.

Article. 47973 [a delegate of the President of the Office may be an employee of the Office of transport.] A delegate of the President of the Office may be an employee of the Office of rail transport.

Article. 47974. [Suspension decision] in the event of an appeal against a decision of the President of the Office of competition and consumer protection, the Court may, at the request of the party which has lodged the appeal to suspend the execution of the decision pending the resolution of the case. The order may be issued on the closed session.

Article. 47975. [appeal] § 1. Competition and consumer protection Court dismisses an appeal against a decision of the President of the Office, if there are no grounds for his consideration.

§ 2. In the event of a successful appeal, the Court of competition and consumer protection in the contested decision or repeals, or changes, in whole or in part, and rule on the merits of the case.

Article. 47976. (repealed).

Article. 47977. [the application of the provisions for complaints on the provisions of] the provisions of article 4. 47932 § 1 and article. 47969-47975 shall apply mutatis mutandis to the complaint to the President of the Office.

Article. 47978. [appeal] § 1. (repealed).

§ 2. Appeal in cassation from the judgment of the Court of second instance shall be entitled to regardless of the value of the subject of the appeal.



SECTION V


Prescriptive procedure and general provisions Chapter 1 online Article. 480. (repealed).

Article. 481. (repealed).

Article. 482. (repealed).

Article. 483. (repealed).

Article. 484. (repealed).



Chapter 2 Procedure article 4 injunctions. 4841. [injunctive proceedings], § 1. Prescriptive procedure belongs to the district courts and district courts.

§ 2. The court resolves the case in proceedings at the written request of the claimant reported to the prescriptive in the lawsuit.

§ 3. The diagnosis of cases occurs in the closed session.

Article. 485. [payment], § 1. The Court makes the order for payment, if the plaintiff is a claim or other monetary things, (a) the circumstances justifying the claim are proven to that is attached to the statement of claim: 1) document;

2) accepted by the account debtor;

3) dedicated to the debtor and the debtor's affidavit about the recognition of the debt;

4) accepted by the debtor requesting payment returned by the bank and unpaid due to lack of funds in the bank account.

§ 2. The Court also order for payment against the principal of Bill of Exchange, cheque, warrantu or inverted duly completed, whose authenticity and content does not raise doubts. In the event of a transition to the plaintiff's Bill of rights, with a check, or to reverse warrantu issue it is necessary to order the production of documents to justify the claim, unless the transition of these rights in the plaintiff does not result directly from the Bill of Exchange, cheque, warrantu or inverted.

§ 2a. The Court makes the order for payment on the basis of the attached to the lawsuit agreement, proof of fulfilment of mutual non-monetary benefits, proof of service on the debtor of the invoice or Bill, if the plaintiff claims payment of the cash benefits is, in commercial transactions as referred to in the Act of 8 March 2013 of the dates of payment in commercial transactions (OJ item 403) or the amount referred to in article 14(2). 10 paragraph 1. 1 of this Act, and on the basis of the evidence of the recovery costs, if the plaintiff also sought reimbursement of the costs referred to in article 1. 10 paragraph 1. 2 of this Act.

§ 3. The Court may issue an order for payment if the bank concludes a claim on the basis of an extract from the bank books signed by the person authorised to make statements as regards property rights and obligations of the Bank and the bearing seal of the Bank and the debtor is proof of service of a written request for payment.

§ 4. If you do not include the original of the Bill of Exchange, cheque, warrantu or inverted or documents referred to in § 3, the President calls on the plaintiff to deposit them under pain of claim reimbursement on the basis of article. 130. 486. [the designation of hearing] § 1. In the absence of grounds to issue a payment order, the President shall appoint a hearing, unless the matter can be resolved in private session.

§ 2. In the cases referred to in article 1. 485 § 2a, the Court makes the order for payment or, in the absence of grounds for its issue the President shall appoint a hearing or an undisclosed meeting no later than before the expiry of 3 months from the date of filing of the petition or make up for the inadequacy of the statement of claim.

Article. 487. (repealed).

Article. 488. (repealed).

Article. 489. (repealed).

Article. 490. (repealed).

Article. 491. [the effects of an order form, delivery] § 1. By issuing the order for payment the Court shall order that the defendant is within two weeks from the date of service of the order to satisfy the claim in its entirety, together with the costs or to bring in this period.

§ 2. Payment order issued on the basis of the Bill of Exchange, cheque or inverted, warrantu may be given in abridged form placed on their writ.

§ 3. Order for payment is served on the parties; the defendant, together with a petition, attachments and instruction on the content of the article. 493 § 1 third sentence.

Article. 492. [Immediate enforceability] § 1. Order for payment as soon as the issue is the title of a security is enforceable without conferring him the enforceability. The amount of the order could be awarded against either together with the wymagalnymi interest is the sum of that submission by the debtor to the escrow account of the Minister of Finance within the meaning of the provisions of the public finance, hereinafter referred to as the "escrow account of the Minister of finance", just for security. If the injunction is committed to deliver things, to secure enough to deposit a sum equal to the value in dispute.

§ 2. The reason for making a security is required to indicate the way. At the request of the Court, the defendant may limit the protection according to his discretion. The recipe article. 742 and provisions on limitation of security against Treasury shall apply mutatis mutandis.

§ 3. Payment order issued on the basis of the Bill of Exchange, cheque or inverted, warrantu becomes immediately enforceable after the expiry of the deadline to meet the claim. In the event of bringing charges, the Court may, at the request of the respondent to suspend the execution of the warrant. The provisions on limitation of enforceability against Treasury shall apply mutatis mutandis.

Article. 4921 [set aside the order for payment] § 1. If the service order for payment cannot take place because the defendant's place of residence is not known or if the delivery of the order it could not take place in the country, the Court of its own motion to quash the order for payment, and the President shall take the appropriate steps.

§ 2. If, after the release of the payment order you will find that the defendant at the time of filing the statement of claim did not have the capacity, the capacity of the process or body to represent him, and these deficiencies have not been remedied within the time limits set in accordance with the provisions of the code, the Court of its own motion to quash the order for payment and it seems appropriate.

Article. 493. [the allegations] § 1. A letter containing allegations shall be lodged with the Court that issued the order for payment. In the letter the respondent should indicate whether the contests the order in full, or in part, to present the allegations that under pain of loss should be reported before wdaniem in the dispute on the merits of the case and the facts and evidence. The Court omits late claims and evidence, unless the party uprawdopodobni that did not report their allegations without fault or that the consideration of late allegations and evidence will not result in a delay in the diagnosis of the case or that there are other exceptional circumstances.

§ 2. If a claim is sought on an official form, bringing allegations also requires the preservation of this form.

§ 3. To deduct may be referred to the only proven claims, referred to in article 1. 485. § 4. Counterclaim is unacceptable.

Article. 494. [rejection of allegations] § 1. [15] the Court rejects the allegations made after the expiry of the deadline, unpaid or otherwise unacceptable, as well as allegations that the shortcomings of the defendant is not removed within the time limit.

§ 2. Payment order, against which, in whole or in part, was not effectively, have the effects of a final judgment.

Article. 495. [the designation of hearing] § 1. If the proper filing of charges the President shall appoint a hearing and manages their service to the claimant.

§ 2. In the course of proceedings could not occur with new claims instead of or next to the existing. However, in the event of a change of circumstances the plaintiff may claim instead of the original subject matter of the dispute of its value, or other item, and in cases of provision of repetitive may also extend the claim for benefit for further periods.

§ 3. (repealed).

§ 4. The provisions of article 4. 194-196. 198 does not apply.

Article. 496. [Decisions] after hearing the Court makes a judgment in which the order for payment, in whole or in part, upholds or it cancels and will rule on the request, or order repeals the order for payment and application rejects or redeems.

Article. 497. [withdrawal of charges] § 1. In the event of the withdrawal of objections, the Court, if it does not recognize the withdrawal unacceptable, shall order that the injunction remains in force.

§ 2. Cost provisions in the event of the withdrawal of the petition, and art. 203 § 3 shall apply mutatis mutandis.



Chapter 3 online Proceedings Art. 4971. [proceedings for] § 1. Online proceedings belongs to the district courts and district courts.

§ 2. The court resolves the case in private session.

§ 3. The order can be issued also by the Court.

Article. 498. [conditions for issuing an order of payment], § 1. Order for payment it seems if the plaintiff claims is the money and in other cases if special provision so provides.

§ 2. In the absence of grounds to issue a payment order shall designate the Chairman of the hearing, unless the matter can be resolved in private session.

Article. 499. [Exemption order for payment release] payment order cannot be issued if according to the content of the statement of claim: 1) the claim is clearly unfounded;

2) given the circumstances arouse doubt;

3) satisfying the claim depends on the mutual benefits;

4) defendant's place of residence is not known or if the delivery of the order it could not take place in the country.

Article. 500. (repealed).

Article. 501. (repealed).

Article. 502. [effects of the warrant, the opposition] § 1. In order for payment orders to the defendant so that within two weeks of the service of this order retracts the claim in its entirety, together with the costs either in this period he made opposition to the Court.

§ 2. The defendant is served with the order for payment procedure and instruction on how to oppose, on the content of the article. 503 section 1 third sentence and on the impact of the niezaskarżenia order.

§ 3. (repealed).

Article. 5021. [the repeal of the order for payment] § 1. If the service order for payment cannot take place for reasons indicated in the article. 499 (4), the Court of its own motion to quash the order for payment, and the President shall take the appropriate steps.

§ 2. If, after the release of the payment order you will find that the defendant at the time of filing the statement of claim did not have the capacity, the capacity of the process or body to represent him, and these deficiencies have not been remedied within the time limits set in accordance with the provisions of the code, the Court of its own motion to quash the order for payment and it seems appropriate.


Article. 503. [Opposition] § 1. A letter containing the notice of opposition shall be lodged with the Court that issued the order for payment, (a) in the case of a warrant issued by the clerk of the Court, to the Court before which an action is brought. In the letter the respondent should indicate whether the contests the order in full, or in part, to present the allegations that under pain of loss should be reported before wdaniem in the dispute on the merits of the case, and the facts and evidence. The Court omits late claims and evidence, unless the party uprawdopodobni that did not report their opposition without fault or that the consideration of late allegations and evidence will not result in a delay in the diagnosis of the case or that there are other exceptional circumstances.

§ 2. If a claim is sought on an official form, the opposition also requires the preservation of this form.

Article. 504. [rejection of the opposition] § 1. The Court shall reject the opposition lodged after expiry of the time or for other reasons, unacceptable or which the shortcomings of the defendant is not removed within the time limit.

§ 2. Payment order, against which, in whole or in part, was not the opposition effectively has the effect of a final judgment.

Article. 505. [the effects of objections] § 1. In the event of a valid oppose payment order is hereby repealed, and the President shall appoint a hearing and is managed by the service of rendering the opposition together with the request for trial.

§ 2. Payment order shall cease to be in the parts of the contested the opposition. Only one objection with współpozwanych the same claim and one or some of the claims covered under only one warrant is lost to them.

§ 3. At the request of the defendant, the Court or by the Court in private session it seems a provision which States the loss of power of the order for payment in whole or in part.



SECTION VI of the Simplified Procedure Art. 5051. property [District Court] the provisions of this section shall apply in the following cases belonging to the district courts: 1) claims arising from contracts where the value in dispute does not exceed ten thousand, and in cases of claims arising from warranty, guarantee or from non-conformity of the goods with the contract, non-consumer sales, if the value of the subject matter of the contract shall not exceed that amount;

2) for payment of rent to rental dwellings and charges chargeable to the hirer and fees for use of a dwelling in the housing without regard to the value in dispute.

Article. 5052. [Official Forms] the lawsuit, the answer to the lawsuit, the opposition from the default judgment and writing containing findings of evidence submitted in the proceedings, the simplified scheme should be drawn up on the official forms.

Article. 5053. [Diagnosis of the case], § 1. One claim may be asserted only one claim.

§ 2. The combination of several claims in one lawsuit is permitted only when the flow from the same contract or contracts of the same type. In the case of unacceptable connections in one lawsuit claims the President manages the reimbursement claim, using the article. 1301. §3. If the plaintiff is part of the claim, the case shall be subject to the diagnosis in the proceedings provided for in this chapter only if that would be appropriate for all claims arising from the facts alleged by the plaintiff. Otherwise, the case is heard in disregard of the provisions of this chapter.

Article. 5054. [change actions] section 1. Change the action is inadmissible. The provisions of article 4. 75-85 and articles. 194-196. 198 does not apply.

§ 2. Counterclaim and set-off claim are acceptable, if claims are suitable for diagnosis in simplified proceedings.

Article. 5055. (repealed).

Article. 5056. [Calls] § 1. The Court may make calls using the article accordingly. 472. § 2. The provisions of article 4. 278-291 does not apply.

§ 3. If the Court finds that the strict proof of the amount of the request is impossible or very difficult, it may in its judgment awarded the appropriate sum according to his assessment, based on consideration of all the circumstances of the case.

Article. 5057. [the complexity of a case] where the Court considers that the case is particularly complex or its settlement requires special messages, continue to recognize her from bypassing the provisions of this chapter. In this case, there is no complementary fee from the lawsuit. Article 5(1). 1303 § 2 shall not apply.

Article. 5058. [request for justification of the judgment], § 1. The proposal to prepare a justification of the judgment, a party may report also to the protocol directly after the announcement of the verdict.

§ 2. For the party which surrendered service justify the judgment, the period for bringing an appeal runs from the date of publication of the judgment.

§ 3. The party present at the meeting, at which it was announced, in may after his announcement in a statement made to the Protocol, waive the right to bring an appeal. In the event of a waiver of the right to appeal by all eligible judgment becomes final.

Article. 5059. [Appeal] § 1. (repealed).

§ 11. An appeal may be based on pleas in law: infringement of substantive law) 1 by misinterpreting his interpretation or misapplication;

2) infringement proceedings if it can have an impact on the outcome of the case.

§ 2. After expiry of the period for bringing an appeal citation further allegations is unacceptable.

Article. 50510 [diagnosis of appeal] § 1. The Court hears an appeal in the composition of one judge.

§ 2. The Court can recognize the appeal of a private session, unless the Party on appeal or in response to the appeal has requested to carry out the hearing.

§ 3. (expired).

Article. 50511. [the proceedings of evidence] § 1. The Court of second instance shall be evidence with the exception of the proof of the document.

§ 2. The provision of the preceding paragraph shall not apply if the appeal was based on a later discovery of facts or evidence, with which the party could not use before the Court of first instance.

Article. 50512 [set aside the judgment], § 1. If a Court of second instance finds that there is infringement of substantive law, and the evidence does not provide sufficient grounds to change the judgment, repeals the contested judgment and refer the matter for further consideration.

§ 2. Avoiding the contested judgment the Court of second instance may refer the matter to resolve with the exception of the provisions of the simplified procedure even if the case pursuant to article 18. 5051 subject to diagnosis in these proceedings.

§ 3. The Court of second instance shall reject the appeal even if the breach of substantive law or regulations in spite of conduct or false justification for the contested judgment corresponds to the law.

Article. 50513 [Justification of the judgment by the Court of second instance] § 1. (repealed).

§ 2. If the Court of first instance did not carry out the taking of evidence, the reasons for judgment should only contain an explanation of the legal basis for the judgment, the text of the legal provisions of the law.

§ 3. (repealed).

Article. 50514 [simplified Proceedings], § 1. In simplified proceedings in matters concerning labour law, the provisions of article 4. 466. 467. 468. 470. 471. 477. 4771 shall not apply.

§ 2. (repealed).



SECTION VII of the European proceedings in cross-border cases Chapter 1 European injunctions procedure Art. 50515. [the European injunctions procedure] § 1. The Court hears a case in the European proceedings prescriptive, if they are satisfied the conditions laid down in the provisions of Regulation (EC) no 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing the European order for payment procedure (OJ. The EU L 399 of the December 30, 2006, p. 1, as amended. d.), hereinafter referred to as "Regulation No 1896/2006.

§ 2. On the recognized according to the provisions of this chapter shall not apply the provisions of the other separate proceedings.

Article. 50516 [jurisdiction], § 1. The European injunctions procedure belongs to the jurisdiction of local and district courts.

§ 2. The European order for payment may issue also legal Secretary Court.

§ 3. Legal Secretary at the Court may issue the order.

Article. 50517 [Diagnosis of the case] the diagnosis of cases occurs in the closed session.

Article. 50518. [the European order for payment] § 1. If the European order for payment, in accordance with the provisions of Regulation (EC) no 1896/2006, may be issued only to the part of the claim and the reason is this, what to the rest of the claims, the Court recognizes in the right mode. In the cases referred to in the Statute, the court resolves the case under the provisions of separate proceedings, with the exception of the provisions prescriptive procedure and debt collection.

§ 2. (repealed).

Article. 50519 [opposition from European order for payment] § 1. In the event of objections in accordance with the provisions of Regulation (EC) no 1896/2006, the European order for payment shall be repealed, and the court resolves the matter in an appropriate manner. In the cases referred to in the Statute, the court resolves the case under the provisions of separate proceedings, with the exception of the provisions prescriptive procedure and debt collection.

§ 2. (repealed).

§ 3. (repealed).

§ 4. If the plaintiff in accordance with the provisions of Regulation (EC) no 1896/2006 demanded the end of the proceedings in the event of objections, the Court declares the proceedings ruling on costs as the withdrawal of the petition.

Article. 50520 [repeal of a European order for payment] § 1. If it is found that there are specified in the provisions of Regulation (EC) no 1896/2006 of the basis for the annulment of the European order for payment, at the request of the defendant, the Court which issued it and, in the case of a warrant issued by the clerk of the Court, the Court before which an action is brought, quash the order for payment.

§ 2. The application should do comply with the terms of the pleading and indicate the circumstances justifying the annulment of the European order for payment.

§ 3. Before revoking the European order for payment the Court will listen to the plaintiff at the meeting or request a statement from him in writing.

§ 4. On order of the Court in relation to the repeal of a European order for payment shall be entitled to appeal.




Chapter 2 the European small claims procedure Article. 50521. [the European small claims procedure] § 1. The Court hears a case in the European small claims procedure, if they are satisfied the conditions laid down in the provisions of Regulation (EC) no 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure (OJ. The EU L 199 of 31.07.2007, p. 1, as amended. d.), hereinafter referred to as "Regulation No 861/2007."

§ 2. On the recognized according to the provisions of this chapter shall not apply the provisions of the other separate proceedings.

Article. 50522 [jurisdiction], § 1. The European small claims procedure, it belongs to the district courts and district courts.

§ 2. Legal Secretary at the Court may issue the order.

Article. 50523 [Diagnosis of the case] the diagnosis of cases occurs in the closed session. The Court may appoint a hearing in the cases referred to in the provisions of Regulation (EC) no 861/2007.

Article. 50524. [Refund claim] where the provisions of Regulation No 861/2007 stipulate that the lawsuit should be returned, the Court makes the order.

Article. 50525. [testimony of witness and hearing the Parties] § 1. Witness testimony is made in writing, if the Court so decides. In this case, the Viewer includes a promise by signing the text of the pledge. The witness is obliged to submit the text of the testimony in the Court within the time limit fixed by the Court. The provisions of article 4. 165 section 2, art. 274 § 1 and article. 276 shall apply mutatis mutandis.

§ 2. Hearing of the Parties shall be designated in writing, if the Court so decides. Article 5(1). 303 does not apply.

Article. 50526 [Judgment] judgment released on private session involves the Court from the moment of signing of the order. The Court of its own motion shall serve the judgment of both parties with the instruction of the remedies available to them the means of appeal.

Article. 50527 [set aside the judgment], § 1. The provisions of article 4. 5059-50511. 50512 § 1 and 3 and art. 50513 apply.

§ 2. Avoiding the contested judgment, the Court of second instance shall refer the matter to the diagnosis with the exception of the provisions on separate proceedings.

Article. 50527a [set aside the judgment of the Court], § 1. If it is found that there are specified in the provisions of Regulation (EC) no 861/2007 of the basis for the annulment of the judgment, at the request of the defendant, the Court that issued it, quash the judgment of the.

§ 2. The application should do comply with the terms of the pleading and indicate the circumstances justifying the annulment of the judgment.

§ 3. The Court can resolve the request in private session. Judgment of the Court before revoking will listen to the plaintiff at the meeting or request a statement from him in writing.

§ 4. On order of the Court in relation to the repeal of the judgment shall be entitled to appeal.



SECTION VIII electronic Proceedings Chapter 1 Electronic Online proceedings Art. 50528 [Electronic Online proceedings] in proceedings referred to in this chapter shall apply the provisions of the debt collection procedure with the Basques under this chapter.

Article. 50529 [electronic Separation proceedings for] in debt collection proceedings by electronic shall not apply the provisions of other than those referred to in article 1. 50528 separate proceedings.

Article. 50529a. [Claims which may be asserted in the electronic debt collection proceedings] in debt collection proceedings, electronic can be asserted a claim that became due and payable over a period of three years prior to the date of filing.

Article. 50530. [By the Court] § 1. Steps in the debt collection proceedings e-can perform legal Secretary Court.

§ 2. The steps of the Court, the clerk of the Court and the President persisted only in ICT-based system, and as a result their generated data in electronic form are provided with secure electronic signature within the meaning of article 3. 3 section 2 of the Act of 18 September 2001 on electronic signatures.

Article. 50531 [pleadings] § 1. Pleadings plaintiff unpaid electronically do not produce legal effects which the Act involves the transfer of a letter to the Court.

§ 2. The defendant's pleadings can be made also by electronic means.

§ 3. Provision of section 1 shall apply to the respondent since the filing by him of a letter electronically.

§ 4. On the impact of bringing the letter electronically, the Court should instruct the defendant at the first delivery.

§ 5. The date of filing of the pleading by electronic means shall be the date of the introduction of the letter to the it system.

§ 6. Minister of Justice in consultation with the Minister competent for information shall determine, by regulation, the manner of paying pleadings electronically, with a view to ensuring the effectiveness of brining the writings and the protection of the rights of applicants.

Article. 50532. [the lawsuit] § 1. In the lawsuit the plaintiff should indicate the evidence to support their claims. Evidence shall be attached to the application.

§ 2. The application should also contain: 1) social security number or TAX IDENTIFICATION NUMBER of the defendant who is a natural person, if he/she is obliged to his possession or has it not having any such obligation or 2) number in the national court register, and in case of his absence, the number in other appropriate registry, records or TAX IDENTIFICATION NUMBER of the defendant which is not a natural person, who is under no obligation to an entry in the appropriate register or records If it is obliged to its possession, 3) the due date of the claim.

§ 3. The Court may condemn the plaintiff to pay a fine, his legal representative or a representative, who in bad faith or as a result of the failure of due diligence has marked incorrectly the data referred to in § 2 paragraph 1 or 2 and art. 126 section 2 point 1.

Article. 50533. [no reason to issue the order for payment] § 1. In the absence of grounds for issuing an order for payment, the Court shall refer the matter to the Court by the General properties.

§ 2. Order to refer the matter only served on the claimant.

Article. 50534 [set aside the order for payment] § 1. In the cases referred to in article 1. 5021 § 1 and 2 of the Court of its own motion to quash the writ and shall refer the matter to the Court according to general jurisdiction, unless the reason for the deadline will remove an obstacle to the delivery of the order for payment.

§ 2. Order to refer the matter only served on the claimant.

Article. 50535 [Objection of payment order] the objection of the order for payment procedure does not require justification and proof, however, in the opposition proceedings, the defendant should present the allegations that under pain of loss should be reported before wdaniem in the dispute on the merits of the case. The remainder of the provision in article 3. 503 § 1, second sentence, shall not apply.

Article. 50536. [Valid opposition] § 1. In the event of a valid oppose payment order shall be repealed in its entirety, and the Court shall refer the matter to the Court by the General properties.

§ 2. The Court to which the case was referred to, it is not bound by the provision to refer the matter in the event of notification in the opposition proceedings a plea of the defendant concerning the jurisdiction determined in accordance with article 4. 46 section 1.

Article. 50537 [Lacks a formal petition] § 1. After the case, in the cases described in article 2. 50533 section 1, art. 50534 § 1 and article. 50536 § 1 the President calls on the claimant to demonstrate the attachment in accordance with article 4. 68, first sentence, and attach the power of Attorney in accordance with article 4. 89 § 1, first sentence, and second, and refer the matter on the basis of article. 50533 § 1 and article. 50534 § 1 in addition to the payment of the claim within two weeks – from subsidiary from the date of service of a summons under pain of redemption procedure. If the breach is not remedied these deficiencies of the petition the court orders.

§ 2. A copy of the withdrawal of the proceedings are served on the defendant, only if he has been served with a copy of the lawsuit.

§ 3. If the plaintiff complete the statement of claim in accordance with the requirements of § 1, the President calls on the respondent to complete the opposition in a way suitable for the proceedings in which the case will be resolved within two weeks from the date of service is requested.



OTHER NON-CONTENTIOUS LEGAL PROCEEDINGS BOOK title I General provisions article 1. 506. [initiation] non-contentious legal proceedings initiated at the request of the Court; in the cases referred to in the Act, the Court may also initiate proceedings on its own initiative.

Article. 507. property [kind] cases belonging to nieprocesowego recognize the district courts, except cases for which the copyright is property of the district courts.

Article. 508. [jurisdiction], § 1. If the jurisdiction is not marked in a special provision, the competent court is that of the place of residence of the applicant, and in the absence of a place of residence, the Court of the place of his residence. To deal with the Office, the competent court is that of the place, in whose district the event occurred as the basis for the initiation of the proceeding. In the absence of the above mentioned grounds, the competent court will be for m.st. Warsaw.

§ 2. If a Court of competent jurisdiction may not because of obstacles to recognize or take another action, or when required by considerations of expediency, the Court postponed it to designate a private session another court to hear the case in whole or in part.

§ 3. The designation follows from the Office or the Court, or at the request of the competent authority or the person concerned, after listening to other people, if necessary.

Article. 509. [the composition of the Court] cases of adoption, in the first instance, the Court recognizes in the composition of one judge and two jurors.

Article. 5091. [powers of the clerk of the Court], § 1. The steps in the procedure wieczystoksięgowym can perform legal Secretary Court.

§ 2. Steps in proceedings pertaining to the district courts may exercise judicial records of leading legal Secretary, with the exception of the conduct of the hearing.

§ 3. The steps in succession matters can perform legal Secretary of the Court, with the exception of the conduct of the hearing, security inheritance and testament of examination of witnesses.


Article. 510. [Participation in the proceedings], § 1. Interested in the matter is anyone whose rights are affected by the outcome of the proceedings, he or she may participate in each State of the case until the completion of proceedings in the courts of second instance. If it will take part, it becomes a participant. The refusal of admission to participate in the case entitled to the complaint.

§ 2. If it is found that the person concerned is not a participant in, the Court will call him to participate in the case. By a call to participate in the case called becoming a participant. If necessary, appoint a trustee to replace the person concerned whose place of residence is unknown, its designation from the Office.

Article. 511. [request for initiation of proceedings] § 1. The application for the initiation of a proceeding should do comply with the provisions of the lawsuit, with the change that instead of the defendant must be replaced with an interest in the case.

§ 2. To the conclusions of the Prosecutor to initiate proceedings shall not apply the provisions of article 4. 55 and 56.

Article. 5111. [Refund request] § 1. In wieczystoksięgowym proceedings and in proceedings under the fixed-fee application registered, which was not duly paid, the President shall request without payment of this fee request. In order to recover the letter should indicate the amount of the levy.

§ 2. Within one week from the date of service of the order for return of the letter of the reasons set out in paragraph 1, the applicant may pay the missing fee. If the fee was brought to the correct height, the request shall take effect from the date of the original filing. The effect of such is not, in the event of a subsequent recovery of the proposal for the same reason.

Article. 512. [withdrawal of proposal] § 1. After the start of the meeting, or after any of the participants in a statement in writing of the revocation application is effective only if the other participants did not have objected to within the period prescribed.

§ 2. Withdrawal of the application for the initiation of a proceeding is unsuccessful, which could be the opening of the Office.

Article. 513. [the failure of participants] the failure of the participants do not tamuje resolve the matter. Default judgment rules do not apply.

Article. 514. [judicial Meeting], § 1. The hearing shall take place in cases specified in the Act. In other cases the designation of hearing depends on the discretion of the Court. Despite the Court decision before niewyznaczenia the case may hear the participants at the meeting of the Court or request of them statements in writing.

§ 2. However, even in cases where the law requires a hearing, the Court may, without a call to participate in the case, dismissed the request in private session, if the content of the application shows an obvious lack of permission of the applicant.

Article. 515. [evidence from the testimony of the witnesses and experts] the Court may, if appropriate, to hear witnesses and experts without the promise, and in the absence of participants may also require persons who are not participants, making a statement in writing.

Article. 516. [the Court ruling] the decision of the Court in contentious business shall be in the form of provisions, unless otherwise provided by special provision.

Article. 517. [the fallacy and delivery provisions of the] court warrants and shall serve the provisions pursuant to article 18. 357, but not the provisions of substantive participant, that being present at the meeting, after the announcement of the provisions waived his service.

Article. 518. [the appeals against administrative provisions] from the provisions of the Court of first instance handed down on the merits of the case may be appealed against. On other provisions of the Court of first instance, in cases specified by law, shall be entitled to appeal.

Article. 5181. [action on the judgment the clerk] § 1. (repealed).

§ 2. (repealed).

§ 3. In the event of a complaint lodged on entry in the land register entry does not lose power. Recognizing the matter, the Court changes the contested post by its deletion and making a new entry or order to which the contested entry upholds or repeals it, in whole or in part, and in this respect the proposal dismisses or rejects or declares it proceeding.

section 3a. Registration proceedings for entry into the national court register and the register of pledges in the event of a complaint on the decision of the clerk of the governing entry, it remains in force until the consideration of the complaint by the District Court hearing the case as the Court of first instance. Recognizing the matter, the Court makes the order in which the contested judgment and made on the basis of the alert upholds or repeals in whole or in part, and in this respect the proposal dismisses or rejects or declares it proceeding.

§ 4. The action shall be brought before a court within a period of one week: 1) from the date of the Act, where a participant was using her present or was her date notified;

2) in other cases than those referred to in paragraph 1, from the service of the notice of the participant of the action;

3) in the absence of notification, from knowing about the steps, except that in the procedure for entry into the national court register for the party to the proceedings, which the provisions as to the merits of the case there are served, the deadline for lodging a complaint shall run from the date of entry in the register.

§ 5. (repealed).

§ 6. (repealed).

Article. 519. [the term] for the participant that waived the service, the deadline for filing appeal runs from the classifieds.

Article. 5191. [appeal] § 1. From the certificate issued by the Court of second instance, the provisions as to the merits of the case and the provisions in relation to the rejection and redemption procedure ending the investigation-in matters of personal law, in rem and succession-entitled to appeal in cassation to the Supreme Court, unless otherwise provided by special provision.

§ 2. In matters of family law, guardianship and Trusteeship appeal in cassation shall be granted only in cases of adoption, and the Division of property of the joint once a commonality between the spouses, the material unless the value of the subject of the appeal is less than one hundred and fifty thousand.

§ 3. Registration proceedings in appeal in cassation shall be entitled to only from the provisions of the Court of second instance in relation to entry or deletion from the register of the entity to be registered.

§ 4. Appeal in cassation is not entitled in matters relating to: 1) forfeiture of goods;

2) Board of Directors associated with joint ownership or use;

3) security and inventory, probate items not covered by the decline, management definition and exemptions of an executor;

4) abolition of joint ownership and distribution of the estate if the value of the subject of the appeal is less than one hundred and fifty thousand dollars;

5) wound up not deposits.

Article. 5192. [request for determination of non-compliance with the provisions of the decree law] § 1. You can request a finding of non-compliance with the provisions of the Decree Law on the merits of the Court of second instance of the end of the investigation, if its release site was done the damage, and the amendment or repeal of this provision by way of remedies available to site remedies was not and is not possible.

§ 2. In exceptional cases, where the illegality arises from a breach of the fundamental principles of the legal order or constitutional freedoms or rights of man and of the citizen, you can also request a finding of non-compliance with the provisions of the Decree Law on the merits of the Court of first or second instance ending the investigation, if the party has not benefited from its measures, unless it is possible to change or repeal the provisions by other remedies available to site remedies.

Article. 520. [reimbursement of the costs of the proceedings], § 1. Each participant shall bear the costs associated with his participation in the case.

§ 2. However, if participants are in varying degrees of interest in the investigation or their interests are contrary, the Court can relatively separated part reimbursement or put it on one of the participants in its entirety. The same applies to the reimbursement of the costs of the proceedings with the participants.

§ 3. If the interests of the participants in the conflict, the Court may insert per participant, whose applications have been rejected or discarded, the obligation to reimburse the costs incurred by another participant. This provision shall apply mutatis mutandis if a participant walked niesumiennie or of course.

Article. 521. [Effectiveness and enforceability of provisions] § 1. If special provision otherwise provides, the order of the decisions on the merits of the case becomes effective, and if it requires, including feasible, after the decision becomes final.

§ 2. If such a provision is under the act performed before the decision becomes legally binding, the Court that issued the order may appropriate to pause its execution.

Article. 522. [Execution of Office] the provisions issued in the case, which may be initiated ex officio, shall be enforceable.

Article. 523. [amendment or repeal of the provisions] provision of Final decisions on the merits of the case may not be amended or repealed, unless special provision provides otherwise. However, a final order dismissing the application, the Court may change if you change the circumstances of the case.

Article. 524. [Renewal of proceedings], § 1. A participant in the proceeding may request the resumption of the proceedings culminating in a final order adjudicating on the merits of the case, however, the resumption of the proceedings is not permitted where a provision terminating the proceeding may be amended or repealed.

§ 2. Interested in who was not a participant in the proceedings culminating in a final order adjudicating on the merits of the case, it may require the resumption of the proceedings, if this provision violates his rights. In this case, the provisions about the resumption of the proceedings due to deprivation of possible action.


Article. 525. [bailiff] case Files are available for the participants in the proceeding and with the authorization of the President for anyone who need to review adequately will justify. On the same basis is permissible: 1) production and receiving copies of and extracts from the case-file;

2) receiving record audio or video and audio from a file.



TITLE II provisions for the various types of cases and Matters of personal law Chapter 1 for dead and dying Branch 1 proceedings for recognition for a dead Article. 526. [jurisdiction], § 1. In cases of recognition for the deceased, the competent court is that of the last residence of the lost, and in the absence of the grounds, the Court indicated in the article. 508 § 1.

§ 2. If as a result of the same event is missing a greater number of people, the Supreme Court at the request of the Minister of Justice may designate one as the Court only has jurisdiction to resolve the matters in connection with this event. Order of the Supreme Court shall be subject to the notice in the official journal of the Republic of Poland "Polish Monitor."

Article. 527. [the applicant] to submit the application for recognition by the deceased shall be entitled anyone interested.

Article. 528. [Date of application] an application for recognition for the deceased can be submitted not earlier than one year before the end of the term, after which the lost can be declared dead. But as for the dead may take place after the expiry of a period of a year or less than one year from the date of the events that justify the likelihood of death, the lost, the request for recognition for the deceased, you can report only after the expiry of that period.

Article. 529. [the proposal], § 1. Request for recognition for the deceased, in addition to the data required for the application for the initiation of a proceeding, should include: 1) first name, last name, and age of the lost, the names of his parents and his mother's maiden name;

2) last known place of residence and stay lost.

§ 2. The circumstances justifying the application should lend credence.

Article. 530. [notice of initiation] § 1. If according to the content of the proposal there are indications to recognize missing for the deceased, the Court will order a notice of the initiation of the proceeding.

§ 2. Notice of initiation of the proceedings shall include: 1) the name and address of the applicant;

2) data on persons missing and relevant circumstances known from the case-file, that can help to detect missing;

3) call to the lost, to within a given time limit, being not less than three and not more than six months, volunteered, because otherwise it can be declared dead;

4) call to all the people who can give news about lost to in the above time limit submitted them to the Court.

Article. 531. [how to notice] § 1. Notice of initiation of the proceedings shall be in writing to the poczytnym throughout the country and provides publicly to a message in place of the last residence of the missing in the way in this area.

§ 2. The Court may order the inclusion of advertisements in other writings, and provide them to the public in other ways as well, as it deems appropriate.

Article. 532. [the term] further proceedings may take place before the expiry of the time specified in the notice, you may not, however, be terminated earlier than after the expiry of: 1) time limits provided for in the civil code;

2) three months from the date of publication of the notice;

3) a month from the end of the deadline set in the tender notice.

Article. 533. [hearing of loved ones] before the release of provisions granting the lost for the deceased, the Court should hear as far as possible, the person close to lost.

Article. 534. [the proceedings of the Office] if, in the course of proceedings for recognition for the deceased proves that the death of the missing is unquestionable, the Court will conduct a further investigation of the Office under the provisions of the next branch.



Division 2 the proceedings for a declaration of death Article. 535. [the application of the provisions of the branch 1] to the proceedings for a declaration of death of the person whose death is death, from Act grounds that they still shall apply mutatis mutandis the provisions of the preceding branch with the amendments provided for in this branch.

Article. 536. [request] the request for a declaration of death can be requested at any time.

Article. 537. [notice of proceedings], § 1. Order notice of initiation is not mandatory.

§ 2. However, the Court may, if it deems it expedient, order to make advertisements in specified by you. To notice applies article accordingly. 530 § 2; the term designated in the notice shall not be less than one month nor more than three months.

§ 3. In the case prescribed in the preceding paragraph the investigation cannot be completed earlier than after the expiry of one month from the publication of the notice and two weeks from the end of the deadline set in the tender notice.

Article. 538. [determination of time of death], § 1. In order to be the death of the death of mark closely while stating, according to the results of the investigation.

§ 2. If the precise determination of the time of his death, it is not possible, while the most likely.



Branch 3 Repeal provisions of the panels for the deceased or a statement of death Article. 539. [the scope of proceedings] evidence that a person considered to be deceased or whose death was recorded remains alive, or that her death occurred at a different time than the moment marked in its judgment, it may be carried out only by an EU investigation in this branch.

Article. 540. [jurisdiction], the competent court is that of the, which in the first instance ruled for the deceased or a statement of death.

Article. 541. [the applicant] § 1. Request for waiver of the provisions of the Panel for the deceased or certifying death can take anyone interested. The Court may also waive them.

§ 2. Calls on the Court to participate on the party to the proceedings, in which, despite the recognition of the deceased or a statement of death.

Article. 542. [set aside the order] in the case of taking of evidence, that the person declared deceased or whose death was recorded remains alive, the court order shall terminate. In the case of proving a different time of death than marked in order of recognition of the deceased, the Court rescinds order for recognition of the deceased only if at the same time finds death.

Article. 543. [set aside the order] if a person, which is considered deceased or whose death has been found, show up in person in court and reveals his identity, the Court shall forthwith and without further proceeding waives a provision declaring the recognition for the deceased or a statement of death.



Chapter 2 General provisions article 1 branch of Incapacitation 544. [Property] § 1. The case of the incapacitation belong to district courts that recognize them, sitting with three judges.

§ 2. In these cases, the competent court is that of the place of residence of the person concerned by the request for incapacitation, and in the absence of a place of residence, the Court of the place of residence thereof.

Article. 545. [shall be entitled to request] § 1. Request for incapacitation can take: 1) the spouse of the person to whom the application relates to incapacitation;

2) her relatives in a straight line and siblings;

3) its legal representative.

§ 2. Relatives of the person to whom the application relates to incapacitation may not submit this application, if that person has a legal representative.

§ 3. Request for partial incapacitation can be already one year before coming to the age of the person to whom the application relates to incapacitation.

§ 4. Who made the request for incapacitation in bad faith or recklessly, shall be punishable by a fine.

Article. 546. [the participants] § 1. The participants in the proceedings about the incapacitation are under the same law, in addition to the applicant: 1) the person to whom the application relates;

2) its legal representative;

3) the spouse of the person to whom the application relates to incapacitation.

§ 2. The procedure takes place with the participation of the Prosecutor.

§ 3. Non-governmental organisations, to which statutory tasks should be to protect the rights of persons with disabilities, the provision of assistance to such persons or the protection of human rights, may join the proceedings in each of its stages.

Article. 547. [Hearing the person concerned by the request for incapacitation] § 1. The requested person of incapacitation, you should listen to as soon as possible after the initiation of the proceeding; the hearing should take place in the presence of an expert psychologist and, depending on the health status of the person to be heard is an expert psychiatrist or neurologist.

§ 2. In order to listen to the requested person of incapacitation, the Court may order the compulsory introduction of this person for trial or to listen to it by the designated judge. On order of the Court to the person bringing the complaint is entitled to a compulsory.

§ 3. The inability to communicate with the person affected by a request for incapacitation, in the minutes after hearing of an expert doctor and psychologist involved in the meeting.



Branch 2 temporary Advisor Article. 548. [the establishment of temporary advisors], § 1. If a request for incapacitation refers to adult, the Court may, at the request of a participant in the proceedings or on its own initiative, at the initiation of or in the course of proceedings, set up a temporary Adviser for it, when it considers it necessary for the protection of its person or property.

§ 2. Prior to the establishment of the temporary Advisor should listen to the person concerned by the request for incapacitation.

§ 3. Temporary Adviser, provision should be made, first and foremost the spouse, relative or other person close to, if not ago prevent for the good of the person to whom the application relates to incapacitation.

§ 4. The Court may request the non-governmental organization referred to in article 1. 546 § 3 to indicate the person who could be established a temporary Advisor.


§ 5. Provision for the establishment of a temporary Adviser becomes effective upon the delivery of it to the person concerned by the request. In the cases referred to in article 1. 556 provision becomes effective at the moment of release.

Article. 549. [a person partly incapacitated] § 1. The person for whom a temporary Adviser has been established, it has limited capacity to act on an equal footing with the person ubezwłasnowolnioną.

§ 2. The temporary Advisor for the person kuratorze applies partly ubezwłasnowolnionej.

Article. 550. [repeal provisions on the establishment of a review Adviser] § 1. Provision for the establishment of a temporary adviser shall cease when: 1) a request for incapacitation has been legally dismissed or rejected or discontinued;

2) as a result of incapacitation was established keeper or curator.

§ 2. The Court revokes the provisional Advisor, if the need ceases further protection, the proposal of incapacitation, or its property.

Article. 551. [notice of the establishment of a temporary Adviser] § 1. On the establishment of the provisional authority with the advisers reference or notify the Court of guardians.

§ 2. The provision in relation to the establishment or the provisional complaint entitled advisors reference.



Division 3 Proceedings Art. 552. [medical certificate] § 1. If according to the application you want to incapacitation which due to mental illness or mental underdevelopment, the Court before the order service application requests, within the time limit, submit the medical certificate issued by a psychiatrist about the mental state of the person to whom the application relates to incapacitation, or the opinion of a psychologist with a degree of mental disability. If the incapacitation is expected due to drunkenness, the Court requests also provide a certificate and, if przeciwalkoholowej clinic incapacitation is expected due to drug addiction-a certificate from the addiction treatment clinic.

§ 2. The Court rejects the request for incapacitation, if the content of the request or attached to the application documents do not uprawdopodobniają the existence of mental illness, mental underdevelopment or the presence of another type of mental disorder the person affected by a request for incapacitation or if no desired certificate, opinion or certificate unless the submission of such documents is not possible.

Article. 553. [requirement of research], § 1. A person affected by a request for incapacitation, must be examined by a registered medical practitioner psychiatrist or neurologist and a psychologist.

§ 2. The report in addition to the assessment of the State of mental health or mental disorders or mental development of the person to whom the application relates to incapacitation, should include an assessment of its ability to range with independent drive your investigation and the conduct of their affairs, including the action and behavior of that person.

Article. 554. [observation of medicinal plant], § 1. The Court may, if on the basis of the opinion of two experts it considers it necessary, order the putting of the requested person of incapacitation, under observation of medicinal plant for the duration of no longer than six weeks. In exceptional cases, the Court may extend this time limit for a period of three months.

§ 2. Before the release of provisions, the Court will listen to the participants in the proceedings.

§ 3. In order to manage the establishment shall be entitled to appeal.

Article. 5541. [the proceedings of evidence] § 1. Evidentiary proceedings should determine first of all the health status, personal situation, professional and property of the person to whom the application relates to incapacitation, the nature of matters requiring the conduct by that person and the way of satisfying its necessities of life.

§ 2. The Court may commit the person remaining in the community home to the person concerned by the request for incapacitation, to submit a list of property belonging to that person and to make the promise. The provisions of article 4. 913, 915-918 shall apply mutatis mutandis.

Article. 555. [notice requiring hearing] the judgment in relation to the incapacitation can be taken only after a hearing.

Article. 556. [hearing the person subject to the incapacitation] § 1. The Court may waive service of a summons, writings or listen to the person concerned by the request for incapacitation, if deemed appropriate due to the State of health of the person concerned, referred to in the opinions of an expert psychiatrist or neurologist and psychologist issued after the test. This does not apply to be heard referred to in article 2. 547. On order of the Court shall be entitled to appeal.

§ 2. In the cases referred to in § 1 the Court Panel, in order to protect the rights of the person in the course of proceedings, which concerns a request for incapacitation, will establish a guardian, unless it has a legal representative, who is not the applicant. The provisions of article 4. 548 § 3 and 4 shall apply mutatis mutandis. On order of the Court shall be entitled to appeal.

Article. 557. [Order for incapacitation] in order for incapacitation the Court whether the incapacitation is total or partial, and for what reason shall be granted.

Article. 558. [Notification of the Court of guardianship] § 1. The Court, which ruled the incapacitation, manages the Office moving to the Court a copy of the opiekuńczemu final provisions, which ruled incapacitation.

§ 2. In the event of a dismissal of the application for the incapacitation shall notify the Court of guardianship of the need for the establishment of a guardian for a disabled person.

Article. 559. [repeal and amendment of incapacitation] § 1. [16] the court sets aside the incapacitation when stop the reasons for which it has been ordered; the waiver may be made with the Office.

§ 2. [17] the Court may in the event of an improvement in mental state ubezwłasnowolnionego change the total incapacitation on the partial, and in the event of a deterioration of the condition-changed incapacitation partial total.

§ 3. A request for the repeal or amendment of incapacitation may occur also incapacitated.

Article. 560. [the appeals against administrative provisions] § 1. To challenge the provisions entitled itself is restricted even when established was a temporary adviser or curator.

§ 2. The appeals brought by the person concerned by the request for incapacitation, shall not apply. 368. the appeal lodged by the person concerned by the request for incapacitation, does not reject due to the breach is not remedied the formal deficiencies.

Article. 5601. [establishment of a solicitor or legal counsel in matters relating to empowerment] in cases of incapacitation, repeal and amendment of incapacitation, the Court may provide for a person affected by a request for incapacitation or for the person ubezwłasnowolnionej, solicitor or solicitor's Office, even without her request if the person has a mental health reasons is not able to submit an application and the Court considers the participation of a lawyer or solicitor on for needed.



SECTION II of the family law, guardianship and Trusteeship Chapter 1 matrimonial Affairs Article. 561. [Authorization for the conclusion of marriage], § 1. Authorization to marry a woman not completed eighteen grants the Court of guardians at the latter's request. The authorization takes effect as soon as the decree and may not be amended or repealed.

§ 2. Authorization for the conclusion of marriage to a person affected by mental illness or mental deficiency and kin that is in a straight line, the Court granted at the request of such persons.

§ 3. In order to grant the authorisation of the person with whom the marriage has to be included. Before the provisions of this settlement, the Court will listen to the applicant, the person with whom the marriage is to be included, and, if necessary, a person close to the future spouses. When it comes to authorization to a person affected by mental illness or mental deficiency, consult an expert doctor, possibly a psychiatrist.

Article. 5611. [environmental interview Order] in the cases referred to in article 1. 561, the Court may order probation officer by environmental interview in order to determine the conditions under which they are living persons applying for authorization.

Article. 562. [exemption from the obligation to document] the exemption from the obligation to submit to the Office of civil status document required to marry, the Court granted at the request of the person shall draw the to submit a document.

Article. 563. [power of Attorney] to request permission to use by proxy statements about joining in marriage is entitled, the person who intends to grant power of attorney.

Article. 564. [the circumstances excluding the marriage] order of the conclusive as to whether the fact presented by the head of the Office of civil status off marriage, and whether the circumstances presented by the head of the Office of civil status, justify a refusal: 1) acceptance of declarations of entry into marriage, 2) issue of the certificate of absence of marriage separation and circumstances referred to in article 1. 41 of the code of family and caring, 3) authorise the marriage before the expiry of the period referred to in article 2. 4. The family code and caring, 4) draw up a marriage concluded in accordance with article 4. 1 § 2 of the code of family and caring, 5) issue a certificate stating that, in accordance with the Polish law can enter into a marriage, the Court after the hearing.


Article. 565. [Relevant matters of the family] § 1. The decision of the essential matters of the family in the absence of the agreement of the spouses, as well as authorization to act, which is needed the consent of the other spouse or the other spouse objected to, can take place only after giving the be heard the applicant's spouse, unless the hearing is not possible or expedient.

§ 2. The same applies to contempt of court, to remuneration for work or other charges payable to one spouse shall be paid, in whole or in part, into the hands of the other spouse.

§ 3. Provision of section 1 shall apply also to the liability exemption for spouse commitments entered into by the other spouse in cases arising from the settlement of the ordinary needs of the family, as well as to repeal the provisions on the subject.

Article. 5651. [environmental Interview] in the cases referred to in article 1. 565, the Court may order probation officer by environmental interview in order to determine the conditions under which they live.

Article. 566. [jurisdiction] for the Division of assets after the commonality of assets between spouses, the competent court is that of the location of the property, and if the commonality ceased by the death of one of the spouses, the Court.

Article. 567. [the Division of property in common] section 1. In the Division of property after the joint commonality between the spouses the Court also hears the material to determine the uneven shares of spouses in common and what expenses, costs and other benefits from assets for personal property or vice versa shall be repaid.

§ 2. In the event of a dispute as to establish unequal shares in common property, the Court may by order decide on the matter.

§ 3. The proceedings for the Division of assets following the end of commonality between the spouses, the material and especially to separate proceedings in cases referred to in the first paragraph shall apply mutatis mutandis the provisions of section.

Article. 5671. [jurisdiction in cases of legal separation] in cases of separation, on the proposal of the spouses, as well as in cases of elimination appropriate to deal with separation are the district courts. In these cases, the competent court is that of the topical in whose district the spouses have a common residence, and in the absence of such grounds, the Court of the place of their residence. If the spouses have no common place of residence or stay, the request should be reported in the Court of one of the spouses, in accordance with article 4. 508. 5672. [waiver of proceedings for legal separation] § 1. In case of separation, on the proposal of the spouses and on the abolition of the separation in the event of withdrawal of the application or otherwise expression of disagreement on the judgment of legal separation or to abolish the separation by any spouse redeems proceedings. Article 5(1). 512 section 1 does not apply.

§ 2. In the event of the death of one of the spouses shall be decommitted by proceedings.

Article. 5673. [provision for separation] § 1. Provision for the separation of the Court after the hearing.

§ 2. In the course of proceedings, the Court urges spouses to reconciliation. If the reconciliation will not happen, and the postponement of the hearing would not have been intentional, the Court shall proceed to hear the case.

Article. 5674. [a provision to abolish the separation] provision for the abolition of the separation of the Court after the hearing.

Article. 5675. [Effects of the opening of proceedings by abolishing the separation] at the time of the opening of proceedings by abolishing the separation of suspended ex officio proceedings for eviction of one of the spouses, which separation of cohabitation, as well as the procedure for use by the spouses, which separation from the common dwelling. Upon which the decision to abolish the separation proceedings redeems with the Office.



Chapter 2, Other family and welfare Affairs Division 1 General provisions article 1. 568. [guardianship] Court of caring is the family court.

Article. 569. [Property] § 1. The competent guardianship is only the place of residence of the person to whom the procedure applies, and in the absence of a place of residence-guardianship of her place of residence. If no and this base is the District Court for m.st. Warsaw.

§ 2. In cases of urgency the Court of guardians it seems with all the authority needed the order even in relation to persons who are not subject to its jurisdiction, by notifying the Court of guardians topically appropriate.

Article. 570. [Initiation ex officio] the Court of guardians may initiate proceedings ex officio.

Article. 5701. [to fix the data concerning the minor and his or her environment] § 1. Guardianship may order by probation officer environmental intelligence, and refer to the appropriate organizational unit to support the family and foster care system information on the minor and his or her environment, and in particular concerning the behaviour and conditions of minor appliances, family situation, educational course of science minor, and how to spend time off his contacts, relative to the parents or guardians taken educational impacts, health status, and in the environment of a minor addiction.

§ 2. In the case where a family of the minor family Assistant leads the work referred to in the rules about supporting families and foster care system, the Guardianship Board asks for the information referred to in paragraph 1, the competent organizational unit to support the family and foster care system.

§ 3. The Court of guardians may ask for information to the appropriate organizational unit to support the family and foster care system to indicate people are competent to provide the child the family custody.

Article. 5702. [subject of mediation], in which the settlement is permissible, the Court may refer the participants to the mediation. The subject of mediation may also be to define how to perform parental authority. If the parties to the proceedings have not agreed on the person of a mediator, the Court directs to mediation by a permanent mediator referred to in article 2. 436 § 4.

Article. 571. (repealed).

Article. 572. [obligation to notification] section 1. Anyone who is known to the event to justify the initiation of a proceeding on its own initiative, is obliged to notify the guardianship of him.

§ 2. The obligation set out in section 1 of the pregnancy primarily on civil status offices, courts, the State Prosecutor, notaries public, bailiffs, bodies of local government and administration, the police authorities, educational establishments, guardians and organizations and establishments involved in the care of children or the mentally ill.

Article. 573. [process Ability], § 1. Person having parental authority under the care or tutelage has the ability to act in proceedings relating to it, unless it does not have legal capacity.

§ 2. The Court may reduce or turn off the personal participation of the minor, if the appeal that educational considerations.

Article. 574. [summons] § 1. Guardianship may order the personal appearance of person not under parental responsibility or custody, as well as order the compulsory introduction of such a person.

§ 2. If a dependant under the parental responsibility or custody does not have the capacity to act in the proceedings, guardianship may order her to bring to court under pain of fines to anyone on whom such a person resides.

Article. 575. [the application of the provisions on the effects of appearance of witnesses] appear To any other party to the proceedings shall apply in cases which may be initiated ex officio, the provisions on the effects of appearance of witnesses, and in other cases-recipe article. 429. 5751. [disclosure Exemption] caring Matters minors the Court of its own motion manages to make all or part of the meeting at the door closed, if public speaking minor welfare case diagnosis up against.

Article. 576. [Hearing loved ones], § 1. Before issuing a ruling on the merits of the case the Court of guardians will listen to the legal representative of the person to whom the procedure applies. In cases of major should also, as far as possible to listen to a person close to that person.

§ 2. The Court in matters relating to the person or property of the child will listen to them if his mental development, health and degree of maturity permits, taking into account as far as possible, its reasonable. The hearing takes place outside the meeting room.

Article. 577. [change the provisions of] the Court of guardians can change their order or even final, where this is necessary for the good of the person to whom the procedure applies.

Article. 578. [the effectiveness of the provisions of] § 1. Order of the Court of guardianship are effective and enforceable at the time of the announcement, and when the notice was not, at the time of release.

§ 2. The Court within 7 days from the date on which the provisions on deprivation of parental authority shall forward it to the relevant adoption centre provision, leading provincial data bank of children awaiting adoption.

Article. 5781. [Basis of the Executive proceedings], § 1. The basis of the Executive proceedings is the decision of the Court or a settlement concluded before the Court, whose feasibility has been established by a court or a settlement concluded before a mediator, after its approval by the Court.

§ 2. For a declaration of enforceability, referred to in section 1, art. 364 shall apply mutatis mutandis.

§ 3. Enforceability of the judgment the Court finds ex officio.



Branch 2 of the relations between parents and children


Article. 579. [parental] Provisions for entrusting the exercise, restriction, suspension, deprivation and restoration of parental authority, to establish a limitation or prohibition of contact with the child may be issued only after completion of the hearing. This also applies to changes to decisions on the subject contained in the idea of divorce, legal separation, marriage annulment or fixing the origin of the child. Such provisions shall become effective and enforceable after the decision becomes final.

Article. 5791 [Placing a child in foster care], § 1. After learning about placing a child in foster care without the decision of the Court, the Court shall immediately initiate the procedure care.

§ 2. If the placement of a child in foster care in article mode. 12A of the law of 29 July 2005 on counteracting violence in the family (OJ l 180, item No. 1493, as amended), the Court shall, after hearing the social worker, who took the child from the family, but not later than within 24 hours, it seems the decision about placing a child in foster care or judgment about returning a child to the family.

§ 3. The Court of guardians periodically, not less than once every six months, assess the situation of the child placed in foster care in order to determine the possibility of the return of the child to the family. Where this is necessary for the welfare of the child, the Court shall initiate proceedings for deprivation of parental authority of his parents.

Article. 5792. [Steps prior to placing a child in a foster family or family home the child] § 1. Before you put the child in a foster family or family home the child, the Court shall consult: 1) the opinion of the competent social welfare centre, the opinion of the competent family foster care Organizer, information about previous exercise of functions by the substitute family or leading family house of the child and information from a database maintained by the Mayor on the basis of the provisions of the promotion of the family and alternative care system;

2) the opinion of the competent disputes due to the place of performance of the family foster care – if you place the child in foster care in another county than the District of the place of residence of the child.

§ 2. In the opinion referred to in § 1, paragraph 2, shall include, in particular, information on the meeting by the candidate to act as a foster family or family home the child referred to in the rules about supporting families and foster care system.

Article. 580. (repealed).

Article. 581. [affiliation] § 1. Recognition of paternity may also be made before a Court of guardians wrong according to the General provisions. In this case, recognition shall be notified to the competent guardianship.

§ 2. If the Director of the Office of civil status refused to accept the declarations necessary to recognize paternity, affiliation may be made only before the Court of guardians, due to the established the Office of civil status, whose leader refused to accept these claims.

§ 21. If the Consul refuses to accept the declarations necessary to recognize paternity, affiliation may be made only before the District Court for m.st. Warsaw.

§ 3. Guardianship Board refuses to accept the declarations necessary to recognize paternity, if recognition is unacceptable or has reasonable doubt as to the origin of the child.

Article. 582. the [Relevant matters of the child] Settlement of the essential matters of the child, to which the lack of agreement between the parents, can take place only after enabling parents to submit statements, unless the hearing they would be combined with excessive difficulties.

Article. 5821. [Powers of the Court in cases of contacts with a child], § 1. In cases of contacts with the child article. 582 shall apply mutatis mutandis.

§ 2. Guardianship in order to ensure the exercise of contact may, in particular: 1) require the person entitled to come into contact with the child or a person under whose keeping the child remains to cover travel and subsistence expenses of the child or persons accompanying the child, including the costs of the return to the place of permanent residence;

2) require the person under whose keeping the child still remains to make a deposit to the account of the Minister of finance an appropriate amount of money in order to cover expenditure relating to the implementation of the approved contact in the event of failure to perform or improper performance by the person liable for obligations arising out of the dealings; This does not include foster care, family children's homes, family support, education and care-educational, regional education and care institutions-intervention and therapeutic preadopcyjnych centres;

3) receive from the person entitled to come into contact with the child or a person under whose keeping the child remains, promise a particular behaviours.

§ 3. In the event of a breach of the provisions of the obligations arising from the concern legitimate contacts by the person under whose keeping the child remains, or the person entitled to come into contact with the child or the person to whom this contact was prohibited, the Court of guardians may threaten nakazaniem payment marked sum of money, according to the rules referred to in article 1. 59815:1) to the person under whose keeping the child remains – for the benefit of the person entitled to come into contact with the child or 2) the person entitled to come into contact with the child or the person has been banned from contact-on behalf of the person under whose keeping the child remains.

§ 4. The provision of § 3 shall apply mutatis mutandis to the judgment in which the Court determined that the child will live with each parent in repeated periods.

Article. 583. [Wealth Management] to permit more than the usual range of activities by a parent Board of the assets of the child or to an expression by the parents consent to such actions by the child guardianship shall at the request of one of the parents after listening to the other. Order of the Court of guardianship on the subject takes effect only upon implementations and may not be amended or repealed, where, on the basis of the authorisation of the resulting legal effects in relation to third parties.

Article. 584. [Giving the child a name] provision for giving the child a name takes effect only after the final. The provisions of such guardianship may not change or repeal.



Branch 3 of the adoption of article. 585. [initiation] § 1. Guardianship proceedings initiated at the request of the adopter.

§ 2. This request should be reported in a Court of competent caring for a person or adopter of the person to be przysposobioną.

§ 21. In the proposal referred to in § 1, dies also indicates adoption centre, in which the subject was the adoption proceedings as referred to in the Act of 9 June 2011 to promote family and foster care system (OJ from 2015. poz. 332, 1045 and 1199).

§ 22. The Court returns to the adoption indicated in the application referred to in section 1:1) certificate by the adopter training for candidates for adoption of the child, taking into account article 9. 172 paragraph 1. the Act of 9 June 2011 to promote family and foster care system;

2) the opinion of the interview of candidates for adoption of a child.

§ 3. Article. 87 § 3 shall apply mutatis mutandis.

Article. 5851. [indication of the adopter persons by parents] § 1. An indication of the person by the adopter parents, referred to in article 1. 1191a Act of 25 February 1964-omroep (OJ from 2015. poz. 583, as amended), before the Court of competent caring for a person or adopter of the person to be przysposobioną.

§ 2. In the case of the indications referred to in paragraph 1, prior to the initiation of the proceedings for adoption, guardianship shall designate a time limit within which the designated by the parent dies should report to the Court the custodial request for adoption under pain of failure indication. This period may not exceed two weeks.

Article. 5852. [notice the Prosecutor] about the ongoing proceedings in cases in which an application for adoption of a child affected by undeclared to the adoption of a child, the Guardianship Board shall notify the public prosecutor.

Article. 586. [Hearing] § 1. Guardianship rules for adoption after the hearing.

§ 2. For trial shall be summoned and adopter a person whose consent to adoption is needed.

§ 3. No calls to hearing parents who agreed to the adoption of their child in the future, without identifying the person adopter. In the event that parents may not take part in the proceedings.

§ 4. Prior to the issuance of a decision the Court of guardians is an opinion to the adoption and, where necessary, a reasonable good child may also consult other specialized facility.

§ 5. Opinion of the adoption referred to in section 4, includes, in particular: 1) name przysposabianego and his place of residence or stay;

2) the opinion of the interview of candidates for adoption of the child;

3) to determine the relationship between przysposabianym and an adoptive parent;

4) to determine the relationship between the parents przysposabianego and an adoptive parent;

5) other relevant information to the Court about the przysposabianym or an adoptive parent.

Article. 5861. [Complaint] in order To determine the manner and period of personal contact with the adopter shall przysposabianym the complaint.

Article. 587. [Remission and suspension of proceedings], § 1. In the event of the death of the adopter or the person to be przysposobioną, guardianship proceedings redeems.

§ 2. However, the investigation shall be suspended in the event of the death of the adopter who has made an application for adoption jointly with your spouse, pending the establishment of guardianship by the curator.


Article. 588. [the effectiveness of the provisions] provision of declaring the adoption becomes effective after the decision becomes final. The provisions of such guardianship may not change or repeal.

Article. 589. [for adoption] § 1. Consent to adoption of the child in the future, without identifying the person adopter parents can express in caring Court of his place of residence or stay. This also applies to the statements of revocation of such permission.

§ 2. The Declaration referred to in the preceding paragraph should contain: 1) the full name of the child and of his place of residence or stay;

2) content of the expressed consent or its reference.

§ 3. With the adoption of a declaration of consent to the adoption of a child in the future, or of the cancellation of such approval shall be drawn up by the Court of guardians. Of the cancellation of the permission, you must also make mention in the minutes, in which he agreed to the adoption.



Division 4 cases from the scope of the Article care. 590. [guardian Promise] to include the care of the caregiver is made the following promise: "I promise that the caregiver responsibilities entrusted to me do with the whole degree of professional and in accordance with the interests of society, having always in mind the welfare of the person to be my custody."

Article. 591. [Certification] § 1. Upon oath by the guardian of the Guardianship Board seems to him a certificate.

§ 2. After the release of the guardian or guardian care ceased is obliged to pay to the Court opiekuńczemu received a certificate.

Article. 592. [request for exemption] about the release from the obligation to cover the care of guardianship decides on the request of the person provided the caregiver, requested within one week of notification of its provisions on the subject.

Article. 593. [Authorisation] Authorisation in all important matters which relate to the person or property of a person remaining in the custody, guardianship at the request of the guardian. The order becomes effective upon implementations and may not be amended or repealed, where, on the basis of the authorisation of the resulting legal effects in relation to third parties.

Article. 594. [Delegation] the proper Minister of public financies, in consultation with the Minister of Justice shall determine, by regulation, principles and for the submission by the providers cash in banking, having regard to the interests of the persons under care and competence of the Court of guardianship referred to in article 1. 593. 595. [Reports] Guardian consists of opiekuńczemu the Court orally or in writing, a report on the person not taken care of. Report of the Board of the assets of the person concerned shall submit in writing, unless the Court allows him to submit a report to the Protocol.

Article. 596. [the Bill with care] to participate in the examination of the final with care guardianship will call the person who remained in the custody of, if it has the full capacity to act, in other cases the person's legal representative and his or her heirs, if the Court opiekuńczemu.

Article. 597. [Remuneration of guardian] § 1. In order to grant the salary authorized to download Guardian Court keeper salary with income or assets of a person remaining in the custody of, or shall be, that the remuneration is to be paid from public funds.

§ 2. The provision referred to in § 1, it becomes enforceable only after it becomes final.

Article. 598. [Fine], § 1. Guardianship Board may impose a fine person who evades the coverage of care.

§ 2. Guardianship Board may impose a fine guardian who does not carry out the orders of the Court of guardianship. If the order is executed, the fine yet nieuiszczona can be remitted.



Division 5 of the person subject to the withdrawal of parental authority or remaining under the care of Art. 5981. [the service a copy of the proposal for a] § 1. In cases of termination of the person subject to the parental authority or remaining in the custody of the Prosecutor are served with a copy of the request and shall notify it of the dates for the hearing.

§ 2. In the cases referred to in § 1, art. 472 shall apply mutatis mutandis.

§ 3. In the cases referred to in § 1, art. 570 shall not apply.

Article. 5982. [the proceedings of the receipt of the person subject to the parental authority] § 1. For the duration of the proceedings for the termination of the person subject to the parental authority or which has taken care of, ongoing in the Convention on the civil aspects of international child abduction (Journal of laws of 1995, no. 108, item 528 and the 1999 No 93, poz. 1085), failed to settle in relation to parental authority or custody of that person. The investigation of these matters, the Court shall suspend from Office upon the initiation of the receipt of the person subject to the parental authority or which has taken care of.

§ 2. After the completion of the proceedings for the termination of the person subject to the parental authority or remaining in the custody of the Court shall be suspended.

§ 3. In the case of other than referred to in § 1, if to settle the request for withdrawal of the person subject to the parental authority or which has taken care of, it is necessary to his total identification with the case concerning parental authority, the proceeding takes place with due observance of article 5(1). 579. 5983. [determination of the place of residence] if the place of residence of the person subject to the parental authority or which has taken care of is not known, the Court shall carry out appropriate investigations to determine her whereabouts. In particular, the Court may require the determination of the place of her residence by police.

Article. 5984. [decision] the judgment on the merits of the case can be issued only after completion of the hearing.

Article. 5985. [the Court] in the order of receipt of the person subject to the parental authority or remaining in the custody of the Court specifies the time limit within which the obligation should give the holder a person subject to the parental authority or being taken care of.

Article. 5986. [Compulsory receipt of persons in the event of failure to comply with the provisions of] If required to surrender a person subject to the parental authority or which has cared for fails to comply with the provisions referred to in article 2. 5985, the Court, on the application of any interested party, have a curator to compulsory judicial termination of this person.

Article. 5987. [Compulsory termination of the person], if necessary, the Court asks for the compulsory termination of the person subject to the parental authority or remaining in the custody of the probation officer in court, in whose district the person actually resides.

Article. 5988. [legal guardian Permission] judicial Guardian is entitled to take back the person subject to the parental authority or remaining in the custody of any person with whom she is.

Article. 5989. [mode of involuntary removal of a person] Forced withdrawal of the person subject to the parental authority or remaining under the care and dedication of its holder may take place only in the presence of an authorized person or institution or representative authorized by him. If none of these people does not appear within the time limit set by the probation officer, the operation will not be carried out.

Article. 59810. [the provision of assistance by the police] at the request of the probation officer, the police is obliged to give him help with the activities of the forced taking of the person subject to the parental authority or which has taken care of.

Article. 59811. [Compulsory introduction] § 1. If the forced withdrawal of the person subject to the parental authority or under the care of the remaining encounters obstacles as a result of hiding that person or as a result of another action undertaken in order to thwart enforcement, curator of the Court shall notify the public prosecutor.

§ 2. If you must not disclose the place of residence of the person subject to the parental authority or which has taken care of, which is to be received, the Court at the request of the probation officer will order his involuntary introduction the purpose of the submission of the Declaration of the place of residence of that person. In terms of the effects of the statement is the same as criminal evidence under the reverse of what the judge should warn the applicant statement.

§ 3. If required, or any other person liable to impede the execution of the judgment in the place of residence of the person subject to the parental authority or which has taken care of, at the request of the probation officer, the police will remove the person from the place of execution of the judgment.

Article. 59812 [Receiving person] § 1. When you receive a person subject to the parental authority or remaining in the custody of a guardian of the Court should take special care and make everything to the welfare of this people has not been affected, and especially not to harm it has suffered physical or moral. If necessary, a guardian of the Court may require the help of the social welfare authority or other party to this institution.

§ 2. If as a result of enforcement would suffer serious prejudice to the welfare of the person subject to the parental authority or remaining under the care of a guardian, the Court will be shown with the implementation of the decision until the cessation of risk, unless the withholding enforcement poses a more serious threat to that person.

Article. 59812a. [Conditions re conduct forcible removal of a person] an investigation referred to in article 1. 5986-59812 may be taken again under the same provisions, referred to in article 1. 5985, if required for a period of three months from the date of issue of this provision was contrary to the wording of the provisions concerning parental responsibility, residence, custody or contact with the child and the circumstances justifying its release has not changed.

Article. 59813. [the application of the provisions of the Act]. 5986-59812 shall apply mutatis mutandis to the implementation of the judgments on the basis of art. 569 § 2, the person subject to removal of parental authority or which has taken care of, as well as decisions about the placement of a minor in a facility for the education and care-educational or in a foster family.


Article. 59814 [Forced the withdrawal of a person on the basis of the decision of the Court or other authority of a foreign State] section 1. For the forcible removal, in accordance with article 4. 5986-59812, the person subject to the parental authority or which has taken care of, on the basis of the decision of the Court or other authority of a foreign State, it is necessary for a declaration of enforceability of that judgment. The provisions of article 4. 1150-11512 and 11514 shall apply mutatis mutandis.

§ 2. The application referred to in article 1. 5986, entitled is composed to a court, which would be appropriate in case of termination of the person subject to the parental authority or which has taken care of.



Branch 6 matters concerning the exercise of contact with a child Article. 59815. [effects of failure, unsatisfactory or infringement of its obligations under the judgment or settlement] § 1. If the person under whose keeping the child remains, does not perform or improperly executes obligations arising out of a judgment or a settlement concluded before a court or before a mediator in relation to contacts with the child, guardianship, taking into account the situation of the loss of this person, threaten her nakazaniem be paid to the person entitled to contact the child indicated sum of money for each breach of the obligation.

§ 2. If the person entitled to come into contact with the child or the person to whom this contact was prohibited, violates the obligations arising out of a judgment or a settlement concluded before a court or before a mediator in relation to contacts with the child, the Guardianship Board threaten the person nakazaniem to pay marked sum of money to the person under whose keeping the child remains, using the recipe accordingly § 1.

§ 3. On order of the Court referred to in § 1 and 2, shall be entitled to appeal.

Article. 59816. [payment order determined sum of money], § 1. If the person to whom the Guardianship Board threatened to nakazaniem pay marked sum of money, does not fulfil its obligation still, guardianship shall pay the sum of money payable by her Majesty in accordance with the number of violations. The Court may, in exceptional cases, change the amount of money referred to in article 14(2). 59815, due to the change in circumstances.

§ 2. Provision of section 1 shall apply mutatis mutandis if the person to whom the Court threatened to nakazaniem pay the indicated sum of money in accordance with article 4. 5821 § 3, committed an infringement of the obligation of the decision on the contacts.

§ 3. On order of the Court shall be entitled to appeal.

§ 4. A final order of the Court, which ordered the payment of the sum of money, is the title of an Executive without the need to give him the enforceability.

Article. 59817 [reimbursement of costs incurred in connection with the preparation of contact] § 1. If the contact did not occur as a result of failure to perform or improper performance by the person under whose keeping the child remains, its obligations under the judgment or settlement entered into before a court or before a mediator in relation to contacts with the child, the Guardianship Board shall grant from the person entitled to contact the return of his legitimate expenses incurred in connection with the preparation of contact, including the costs referred to in article 1. 5821 § 2 paragraph 1.

§ 2. Provision of section 1 shall apply mutatis mutandis where the pensioner to contact the child violates the obligations regarding contact resulting from a judgment or a settlement concluded before a court or before a mediator.

§ 3. On order of the Court shall be entitled to appeal.

§ 4. A final order of the Court is the title of an Executive without the need to give him the enforceability.

Article. 59818 [exclusion of application of article 570 in matters relating to the exercise of contact with a child], § 1. In matters relating to the exercise of contact with a child article. 570 shall not apply. The proposal also requires the release of each subsequent provisions, referred to in the preceding provisions of this branch.

§ 2. Before the provisions referred to in this branch, the Court will listen to the participants in the proceedings.

Article. 59819 [formal requirements related to initiation] § 1. The application for the initiation of working in this branch shall be accompanied by a copy of the enforceable judgment or a viable settlement concluded before a court or before a mediator in relation to contacts with the child.

§ 2. If the investigation is to be conducted on the basis of the decision of the Court or other authority of a foreign State or of a settlement concluded before a court or other authority of a foreign State or approved by him, it is necessary for a declaration of enforceability of a judgment or settlement. The provisions of article 4. 1150-11512, 11514 and 1152 shall apply mutatis mutandis.

Article. 59820 [Remission procedure] the Court declares the proceedings if, within six months from the date of the last provisions not affected by a subsequent application in matters of execution of contacts with the child.

Article. 59821 [exclusion of application of article 577] for regulated in this branch of art. 577 does not apply.

Article. 59822 [Judgment determining that the child will live with each parent in repeated periods of] the provisions of this Division shall apply mutatis mutandis to the judgment in which the Court determined that the child will live with each parent in repeated periods.



Chapter 3 of the matter from the scope of the guardianship Art. 599. [a child conceived] the Court of guardians the right to the establishment of the guardian for a child conceived, but not yet nieurodzonego, is the court competent according to the place of residence or domicile of the mother.

Article. 600. [establishment of guardian] § 1. Guardian for a disabled person guardianship lays down, on application by that person, and with the consent of the person with a disability is also at the request of the non-governmental organization referred to in article 1. § 546 3.

§ 2. In the case when the status of a disabled person disables the ability to request or consent, referred to in § 1, the Court may establish a curator ex officio. The Court may establish a curator ex officio in the case referred to in article 1. 558 § 2.

Article. 601. [a person absent] for a person who by reason of absence may not lead their cases and there is no representative, the guardian established guardianship at the request of the person concerned the place of last residence or domicile of the person is not present.

Article. 602. [Investigation of paternity] jurisdiction of the Court of guardianship for the establishment of a curator for the investigation of paternity in the event of the death of the alleged father shall be determined according to the place of residence or stay of the child even if the child is subject to parental authority, neither, nor.

Article. 603. [establishment of a curator for the legal person] § 1. The trustee for the legal person establishes a registration Court, in whose district the person has or has had the last seat.

§ 2. The Court may initiate proceedings ex officio.

§ 3. The provision is effective and feasible at the time of his announcement, and when the notice was not, at the time of its release.



Article. 6031. [establishment of a guardian by an inverted mortgage credit] the trustee referred to in article 2. 26 (1). 1 of the law of 23 October 2014 inverted mortgage credit (OJ poz. 1585), establishes a Court of competent jurisdiction for the location of the property.

Article. 604. [a certificate for the curator] in the certificate for a guardian, the Court determines the scope of its mandate.

Article. 605. [the application of the provisions of the proceedings in matters concerning the care] in nieunormowanych in this chapter shall apply mutatis mutandis the rules of procedure in matters concerning the care.



SECTION III of the substantive law Chapter 1 General provisions article 1. 606. [Property] in matters of substantive law, the competent court is that of the location of things.

Article. 607. [Annexes] requests concerning real estate revealed in the land register or for which is the set of documents shall be accompanied by a copy of the land register or a certificate of legal status, what follows from a set of documents.

Article. 608. [Hearing] Matters of substantive law are heard at the hearing, unless otherwise provided by special provision.



Chapter 2 a statement of acquisitive prescription Article. 609. [the applicant,] section 1. To request for acquisitive prescription of ownership shall be entitled anyone interested.

§ 2. If the applicant does not indicate the other interested parties, the decision may be taken only after other interested by the announcement. The Court may order notice in other cases, if deemed advisable.

§ 3. The notice should include the precise thing forename and surname of the holder of the thing, and when it comes to movable-also his place of residence.

Article. 610. [the application of the provisions of the confirmation of purchase decline] § 1. In terms of unregulated in this chapter to declare and Decree shall apply mutatis mutandis the provisions of the confirmation of purchase and item record collections.

§ 2. If, on the date indicated in the tender notice no one objects or the applicant has not demonstrated ownership, the Court finds numb if it has been proven.



Chapter 2a of the forfeiture of the thing Forfeited under the law stuff 1 Branch of customs Article. 6101 [forfeiture of things], § 1. The provisions of this Division shall apply in cases of forfeiture of things which are goods which, on the basis of the customs legislation shall be forfeited.

§ 2. In the cases referred to in § 1, the competent court is that of the place of seizure or impounding of goods by the Customs authorities.

Article. 6102. [initiation] § 1. The proceedings shall be initiated at the request of the Customs authorities. The application shall be accompanied by the minutes of instruction on the obligation to indicate in the administrative agent for service of process, and of the consequences of failure to comply with this obligation, if such a protocol was drawn up.

§ 2. The customs authority may require in a single application of the judgment being busy or frozen goods things are forfeited in the same circumstances of fact, if the Court is competent for each case.


Article. 6103. [Participant residing abroad] zamieszkałemu Participant in the State which is a member of the European Union, that in proceedings in customs matters has not established representative to pursue the case resident in the Republic of Poland or Polish pointed agent for service, designed for him a letter left to judicial case file with the service. In the event of the establishment of the representative to pursue the case resident in the Republic of Poland, which cannot be a delegate, it shall be deemed to establish a process for representative for service.

Article. 6104. [the designation of hearing] the appointment of hearing depends on the discretion of the Court.

Article. 6105. [execution] The enforcement of the forfeiture of the goods is required to the competent customs authority. Enforcement occurs in and on the terms set out in the provisions of the enforcement proceedings in administration, taking into account the provisions of the customs law.



Branch 2 Forfeiture of vehicles Article. 6106. [the application of the provisions of the branch and the competence of the Court], § 1. The provisions of this Division shall apply in cases of forfeiture of vehicles, which, on the basis of the provisions of the road traffic law are subject to a forfeit in favor of the County.

§ 2. In the cases referred to in § 1, the competent court is that of the place from which you removed the vehicle.

§ 3. The case referred to in § 1, are resolved in private session, unless the Court decides otherwise.

Article. 6107. [initiation] § 1. The proceedings shall be initiated at the request of the Governors.

§ 2. The Governor can claim in one of the application the judgment forfeiture of vehicles that have been removed in the same circumstances of fact, if the Court is competent for each case.



Chapter 3 the Board related to the ownership and use of Art. 611. [request for disclosure of the Board] property manager set up pursuant to article 12. 203 and 269 of the civil code § 1 is obliged to immediately submit a request for disclosure in the land register or in a set of documents.

Article. 612. [Use things] § 1. Since the establishment of the co-owners of the Manager or you can use the things only in so far as this does not prevent the performance of the Board of Directors. At the request of another co-owner or joint owner or Manager you may be deprived of the use of the things, if you bother the liquidator in the exercise.

§ 2. On order of the Court shall be entitled to appeal.

Article. 613. [income Surplus] § 1. Surplus income after service expenditure współwłaścicielom shall be paid within the time limit specified by the Court or users.

§ 2. The Court may provide that the trustee seemed współwłaścicielom surplus income in kind.

Article. 614. [Repeal of the Board], the Court shall terminate the Board when being eliminated the basis for continuing to do so.

Article. 615. [the application of the provisions of the Executive Board in the course of the execution of the property] if the above regulations do not provide otherwise, to designate the administrators and the performance of the Board of Directors shall apply mutatis mutandis the provisions of Executive Board in the course of the execution of real estate.

Article. 616. [the designation of hearing] with the exception of the cases provided for in article 3. 199, 201 and 202 of the civil code, as well as matters concerning the appointment and removal of the administrator, the appointment of hearing depends on the discretion of the Court.



Chapter 4 the abolition of Article ownership. 617. [Contents of the request] the request for the abolition of the joint ownership must be exactly the thing to be divisible and evidence of ownership.

Article. 618. [settlement of disputes] § 1. In proceedings of the abolition of the ownership of the Court also resolved disputes about the right to request the Elimination of ownership and ownership, as well as mutual claims of joint ownership of things. In resolving a dispute over the right to demand the abolition of joint ownership, or ownership of, the Court may issue an order on the subject.

§ 2. Upon initiation of the abolition of the separate ownership of the proceedings in the cases referred to in the preceding paragraph is unacceptable. Matters pending shall be to further identify the court proceedings leading to the abolition of joint ownership. If, however, the procedure for the abolition of the joint ownership was initiated following the judgment, the transfer occurs only if the Court of second instance shall terminate judgment and refer the matter back to the passes. The investigation of matters that have not been submitted, the Court declares at the end of the proceedings, the abolition of the co-ownership.

§ 3. After collapsing a final provision for the abolition of the ownership of a participant may not assert claims as provided for in the first paragraph, even if they were not reported in the proceedings of the abolition of joint ownership.

Article. 619. [joint ownership of a farm] § 1. In the proceedings, the abolition of the ownership of the farm, the Court shall determine its composition and value, and in particular the area and type of property included in this farm and the area and the type of property which are already owned by the co-owners and their spouses, and, where necessary, also the circumstances provided for in article 4. 216 of the civil code.

§ 2. Distribution in kind after consulting experts on how to split.

Article. 620. (repealed).

Article. 621. [the Division] Designing the way the Division of property in parts should be marked on the plan drawn up according to the rules for determining the property in registers.

Article. 622. [in accordance to carry out Division] § 1. In the course of the proceedings, the abolition of the ownership of the Court should encourage joint owners to carry out legitimate distribution, pointing out the ways in which to get.

§ 2. When all the co-owners submit proposal as to how the abolition of joint ownership, the Court will issue an order corresponding to the contents of the request will be met the requirements referred to in the two preceding articles, and the project does not oppose sharing the law or the rules of social conduct, nor does it prejudice the way blatant voter interest.

Article. 623. [the Division in kind] if there is no basis for judgment in accordance with the preceding article, and there are the conditions to make a distribution in kind, the Court shall make the Division into parts corresponding to the value of the shares of the co-owners taking into account all circumstances in accordance with the socio-economic interest. Aligns the value differences over aid money.

Article. 624. [Release things] upon which the provisions granting the existing współwłaścicielom part or one of them the whole things, ownership passes to the participants referred to in the provision. If, as a result of the breakdown of the whole thing, or part of it has a współwłaścicielowi that does not speaks this thing or part of it, the Court in order to abolish the ownership law, also what to release her by the other co-owners, by specifying as appropriate to the circumstances of the release date. Term of issue of real estate in the composition of the holding or part thereof should be made taking into account the socio-economic interest.

Article. 625. [Sell things] in managing order sale things belonging to the co-owners or court will decide on joint claims, or only orders for sale, leaving the decision to the mutual claims of co-owners and the breakdown of the sum obtained from the sale to its conduct.



Chapter 5 the establishment of necessary easements and road transit Article. 626. [Application] section 1. The proposal for the establishment of the road necessary indicate the owners of all of the property, which could lead the way to the property of the applicant had adequate access to public road.

§ 2. Prior to the establishment of the road required the Court should carry proof of inspection of the property, unless the circumstances relevant to the delineation of the road necessary are undisputed and clear or that the taking of evidence for other reasons is not needed.

§ 3. The provisions of paragraph 1 and 2 shall apply mutatis mutandis to the establishment of an easement.



Chapter 6 proceedings Art. 6261. [Recognizing cases of proceedings wieczystoksięgowym] § 1. Case in wieczystoksięgowym proceedings are heard in private session.

§ 2. The participants in the proceeding in addition to applicants are only those persons whose rights were cancelled or subject to or for the benefit of which the entry is to take place.

§ 3. Does not constitute an obstacle to the entry of the fact that after the application, the applicant or another participant died or was deprived of or limited in the possibility of regulation by law, or in a legal capacity.

§ 4. (expired).

§ 5. If the entry in the land register is to take place at the request of the notarial act is included in the value for the right subject to disclosure shall be contained in a notarial act, the value of the item specified by the parties. In such a case, article 5(1). 25 do not apply.

Article. 6262. [request entry] § 1. The application for registration is made on the official form.

§ 2. The provision of § 1 does not apply to the request contained in a notarial act, referred to in article 1. 6264. § 3. The application for registration shall be accompanied by documents constituting the basis for entry in the land register, subject to § 31.

§ 31. To the application for entry in the land register on the basis of title, referred to in article 1. 783 § 4, attach the document obtained from informatics system enabling the Court to verify the existence and the content of the title.

§ 4. If the documents annexed to the application shows that there had been a change in the law of property, the Court, with the application, shall apply article. 62613 § 1.


§ 5. The application for registration may make a property owner, you are eternal, the person to whom the entry is to occur, or create, if entitled to a right that can be entered in the land register. In matters relating to charges arising from the notified body may submit a request under the Act.

Article. 6263. [exclusion of application of the provisions of the resumption of the proceedings] in wieczystoksięgowym proceedings shall not apply the provisions of the resumption of the proceedings.

Article. 6264. [application in discharge of a notarial deed] Passing by the notary to the Court an extract of a notarial deed containing a request for entry in the land register on the basis of separate provisions, be deemed to be an application by the rightholder.

Article. 6265. [prohibition of withdrawal of proposal] if, on the content of the application and accompanying documents, it appears that there had been a change of ownership, the withdrawal of an application for registration of that law is unacceptable.

Article. 6266. [order applications] section 1. Application for order entry shall decide while the impact of the proposal to the competent court. For a moment the impact of the proposal shall be deemed an hour and minute in which on any given day the request made to the Court.

§ 2. Applications received at the same time, shall be deemed to be filed at the same time.

Article. 6267. [registration applications] section 1. The application for registration should be on the impact of the Court registered without delay in the official journal of the mortgage and bear an incrementing number.

§ 2. Immediately after the registration of the application in the official journal of the mortgage it is noted in the relevant section in the land register number (notice of application).

§ 3. The mention of the proposal be deleted ex officio immediately after entry, after the final provisions on refusal of entry or of the rejection of the application or of the withdrawal of the proceedings or after the validation of the order to recover the application.

§ 4. In the event of a complaint lodged on entry in the land register made by the clerk of the Court shall apply mutatis mutandis the provisions of § 1 and § 2. The mention of the complaint shall be deleted from the Office after diagnosis.

Article. 6268. [identification of the proposal for a] § 1. An entry shall be made only on request and at its borders, unless special provision provides for the entry of the Office.

§ 2. Ruling on the application for registration, the Court examines only the content and form of the application, the documents accompanying the application and the content of the land register.

§ 21. Before the diagnosis of an application for registration on the basis of title, referred to in article 1. 783 § 4, the existence and content of this title shall be subject to verification by the judge or the clerk of the Court in the telecommunications system.

§ 3. Ruling on the application for registration in the land register in a computer system, with the Office shall examine the compliance of the data indicated in the application with the data resulting from the leading systems of universal records identifying numbers, unless there are actual obstacles preventing such a check.

§ 4. Recognizing the request to change the designation of the property in the land register in a computer system, the Court also shall of its own motion verify the data specified in the application and has identified in the land register designation real estate real estate cadastre data, unless there are actual obstacles preventing such a check.

§ 5. Non-conformity of the data referred to in § 3 and § 4, constitutes an obstacle to entry.

§ 6. In proceedings of the wieczystoksięgowym entry in the land register is judgment. Justification the entry will not be drawn up.

§ 7. The entry in the land register is also a deletion.

§ 8. In the land register in a computer system signed by the judge or the clerk of the Court, the entry shall be deemed made only when its saved in a central database registry.

§ 9. By the signature referred to in section 8 shall mean the data in electronic form, which together with other data, to which they were attached, they serve to identify the judge or the clerk of the Court performing the steps in the computer system.

§ 10. The premise of the land register follows as soon as the first entry.

Article. 6269. [Dismissed the proposal for a] the Court of first instance dismisses the application for registration, if there is no scratch or there are obstacles to it.

Article. 62610. [notice of registration] paragraph (1). Of the Court shall notify the participants in the proceedings. Not be notified to the participant, who in writing waived the notification.

§ 2. The notice contains the core content of the entry.

§ 3. Appeal against an entry must be lodged within two weeks of service of the notice of registration. For a participant who has waived notice, this time limit shall run from the date of the entry.

Article. 62611 [mention of appeal and cassation] § 1. Immediately after the Court of appeal of the Office for part of the appeal.

§ 2. In the event of an appeal in cassation complaint, the entry of the mention of an appeal in cassation complaint shall be made ex officio immediately after the presentation of the notice of appeal has been lodged by the person concerned.

§ 3. The mention of appeal and appeal in cassation complaint respectively shall apply. 6267. 62612. [change address for service] paragraph (1). The person to whom it is entered in the land register right or claim, its representative or a representative for service has the obligation to immediately notice the Court leading paper perpetual of any change of address or address for service. A person residing or established in a country which is a member of the European Union shall indicate a representative for service in the Republic of Poland.

§ 2. Provision of section 1 shall apply mutatis mutandis to the heirs and other successors in title of the person to whom it is entered in the land register law.

§ 3. In the case of dereliction of duty referred to in § 1 and 2, the judicial letter is left in the case file of the service, unless the new address is known to the Court.

Article. 62613. [Entry warning] § 1. The Court of its own motion will alert warning if it sees a mismatch legal status disclosed in the land register with the actual state of the law. If it is found that for the same property or for the same limited right in rem shall be two or more mortgage, revealing a different legal status, registration warnings shall be made in all the registers established for this property.

§ 2. Rectification of faults, which do not cause non-compliance content in the land register with the actual state of the law, shall be carried out ex officio.



SECTION IV of the inheritance law, introductory provisions article 1. 627. property [kind] probate Proceedings belongs to the activities of the courts, unless otherwise provided by special provision.

Article. 628. [jurisdiction] to operations in inheritance proceedings, which belong to the scope of the courts, the competent court is that of the last habitual residence of decedent, and if his place of habitual residence in Poland can not be determined, the Court of the place in which the property or part of the inheritance (Court drop). In the absence of the above grounds the Court drop is the District Court for m.st. Warsaw.

Article. 629. (repealed).

Article. 630. (repealed).

Article. 631. (repealed).

Article. 632. (repealed).



Chapter 1 Protection, a list of inventory and inventory Article. 633. [Property] § 1. To secure the decline of the Court within whose area includes things that are, at the time of the opening of the fall in the possession of a decedent. If the collateral will be property rights belonging to the deceased at the time of the opening of the inheritance, the competent court is that of general jurisdiction the person liable by virtue of that right, and if such a person does not have is the Court in whose area is the subject of the provision or right. If the performance of the property law is related to the possession of a document, the Court in whose jurisdiction is located the document.

§ 2. The Court, which is not a court, shall notify the Court of the decline of the security, its repeal and change the security measure, by sending copies of the issued provisions on the subject.

Article. 634. [Security decrease] Decline is secured when it is ascertained that for whatever reason risk infringement of property rights or things which, at the time of the opening of the fall were in the possession of, or belonged to the deceased, especially by the removal, damage, destruction or Unexcused.

Article. 635. [the application and security of the Office], § 1. The Court shall decline in security on request or ex officio.

§ 2. The application may report anyone who uprawdopodobni that is the heir entitled to the reserved portion or zapisobiercą, and executor, co-owner of things współuprawniony as to the rights of the deceased, a creditor who has written proof of the claims against the deceased and the State Treasury, represented by the head of the competent tax office.

§ 21. The proposal should contain prima facie evidence of the circumstances justifying it.

§ 3. Security inheritance shall be made ex officio if the Court comes to the message that: 1) the heir is absent or does not have full legal capacity and has no legal representative;

2) the administration of the Government or any government entities has applied the necessary provisional measures due to the threatening danger of violations of things which, at the time of the opening of the fall were in the possession of a decedent.

§ 4. (repealed).

§ 5. A freezing order decline and change the security measure shall be enforced from the time of its release.

§ 6. The provision in the subject matter of the complaint shall decrease security. The Court of first instance may suspend implementation of the contested provisions of the pending settlement of the complaints.


Article. 636. [safeguards] § 1. The Court shall apply such security, which according to the circumstances considers appropriate. If it is not possible to determine a measure of security in order to protect the downside, mode choice of security belongs to the bailiff.

§ 2. Security measures are in particular make a movable property and putting it under judicial supervision, the establishment of the Provisional Board of Directors legal deposit, the establishment of a supervision over immovable property. One security measure does not exclude the other, simultaneously or consecutively.

§ 3. The establishment of the Provisional Board of Directors may be made only if the freezing order shall be subject to the enterprise, farm or right to property requiring protection through the establishment of the Board of Directors.

§ 4. To temporary Manager and caretaker laid down in the course of proceedings to secure inheritance shall apply mutatis mutandis the provisions of article 4. 855-862. 931 and article. 933-941.

§ 5. Legal deposit consists of a subject to the freezing of money, securities, registered savings books or other documents confirming the conclusion of a contract savings account, current account or savings deposit account billing, as well as valuables, including gold coins and precious micro and articles of these metals. Valuables may also be placed for safekeeping the caretaker.

§ 6. If part of the decline in the form of movable property as fast deteriorated, court orders to sell them by the bailiff, indicating the manner of sale. Obtained from the sale of the money consists of legal deposit.

§ 7. If you argue in favour of including item properties subject to freezing, the Court shall inform the competent institution about the middle.

Article. 6361. [change the Security Center] § 1. If necessary, the Court of its own motion changes the security measure, in particular insofar as the measure is not sufficient to secure.

§ 2. The Court of its own motion rescinded the security if the security needed will cease, and in particular when reports are res judicata holding heir provision about the confirmation of purchase or decline registered by the Act of inheritance credentials to cover the decline or executor or curator drop in to take over the assets of the Board succession.



Article. 6362. [Protection of the subject write recovery] provision for securing the inheritance shall apply mutatis mutandis to the protection of the subject record collections.



Article. 6363. [a list of inventory] section 1. List of inventory may be filed in a Court of law or the Court in whose jurisdiction the place of residence of the applicant in the list. The Court other than the Court drop immediately it must send a list of inventory to the Court.

§ 2. At the request of the heirs, executors or collections zapisobiercy the notary draws up a protocol covering a list of inventory. Notary public, before the list of inventory shall list the Protocol to the Court.

§ 3. The Court manages the announcement immediately fall inventory.

Article. 637. [inventory] section 1. At the request of the who uprawdopodobni that is the heir entitled to the reserved portion or zapisobiercą, or an executor or the creditor has written proof of duty against the decedent, the Court seems to drop provision for completion of the inventory.

§ 2. If there census inventory requires prompt, the Court seems to drop a provision in relation to the proposal after listening to the heirs, unless a hearing is not possible.

§ 3. The Court manages the release announcement immediately drop the completion of the inventory.

§ 4. The provision in relation to the drawing up of inventories shall be entitled to appeal.



Article. 6371. [request for the drawing up of inventories] § 1. Application for the drawing up of inventories may also be requested directly to the bailiff, who would be responsible for the implementation of the provisions of the Court drop on the completion of the inventory.

§ 2. The bailiff shall proceed immediately to draw up an inventory and inform the Court, which it seems that provision in relation to the drawing up of inventories. If the Court rejects the request, or the distance referred to in § 1, or barred investigation, done by a bailiff is born the same effects as the lodging inventory.

Article. 638. (repealed).



Article. 6381. [Notice] § 1. The notices referred to in article 1. 6363 § 3 and article. 637 § 3, shall be shown on the website and on the notice board of the Court.

§ 2. The announcement includes: 1) your first and last name, social security number, if one has been assigned, and the last address of the deceased;

2 the date of decedent's death).

§ 3. The notice referred to in article 1. 6363 § 3, in addition to the data referred to in § 2, also includes a letter that: 1) with a complex list of inventory can see everyone who the need to sufficiently justify;

2) indicated in the article. 637 § 1 may request to draw up an inventory.

§ 4. The notice referred to in article 1. 637 § 3, in addition to the data referred to in § 2, also includes a warning that the person indicated in the article. 637 § 1 may participate in the drawing up of inventories, in particular the report items belonging to drop, recovery records or long probate that are subject to inclusion in the inventory.



Article. 6382 [Security decrease] § 1. In cases where a freezing order, change the security measure or completion of the inventory has been issued from the Office of the Court, which made this provision, headed to a bailiff to drop Security command, changes the security measure or draw up inventories.

§ 2. The basis of the proceeding to execute the freezing order, change the security measure or completion of the inventory is the order of the bear from the Office in the feasibility study.

§ 3. Supervision of the court bailiff operations, which made provision for collateral or completion of the inventory.

§ 4. In security, a change in the measure of a security or the drawing up of inventories in matters not regulated by this chapter shall apply mutatis mutandis the provisions of article 4. 759-774.



Article. 6383. [notice of the Security Center] § 1. If you drop a freezing order does not specify a security measure, the bailiff shall immediately inform the Court which has issued a freezing order, about the middle of the security.

§ 2. If necessary, the submission of items subject to legal deposit security officer makes a request to the Court, which has issued a freezing order.

§ 3. The Court, which has issued a freezing order, shall notify the Court drop the security measures taken by the bailiff.



Article. 6384. [table of movable] § 1. Inventory of movable property as security inheritance shall be drawn up in the presence of two witnesses called by the bailiff.

§ 2. When drawing up an inventory of movable property may be present people who have the right to submit a request for protection. The failure of such persons shall not prevent the implementation of the activities.

§ 3. The activities of the bailiff draws up a Protocol, which shall be signed by all present. The refusal or inability to sign in the Protocol, giving the reasons.



Article. 6385. [Provisional measures to prevent infringement of the movable property before their written] the bailiff executing a freezing order decline if necessary, apply the necessary interim measures to prevent infringement of the movable before they are written.



Article. 6386. [Amount needed on the cost of the funeral of the deceased] § 1. The money included in the decline of the bailiff executing a freezing order will fall, if necessary, a member of the family of a decedent, and if this was not possible, domownikowi or deceased person is liable for the costs of the funeral, the sum required for the costs of the funeral of the deceased. In the case of a lack of money for the funeral of a decedent, the Court may order the sale by a bailiff of the relevant subject matter belonging to drop, indicating the manner of sale.

§ 2. The bailiff executing a freezing order can drop money in the decline of leave family members deceased, who until his death jointly with him in Scotland and were dependent on him, the necessary amount on their maintenance for no longer than a month.



Article. 6387. [deadline to draw up the inventory] of the date of drawing up the inventory the bailiff shall notify the applicant and the party to the proceedings to draw up an inventory, as well as his successors and zapisobiercę recovery, whose place of residence is known, as well as artist, curator, dozorcę and the provisional Manager, if they were established. If these people do not suspend operations.



Article. 6388. [inventory] section 1. In the inventory of the bailiff include items belonging to drop and recovery records, with an indication of the value of each of these items, and a long succession, indicating the amount of each of them.

§ 2. The value of the items belonging to the decline and recovery records the bailiff shall be determined according to the condition and prices from the opening drop, and the amount of the debts of the succession, according to the State of the opening of the fall.

§ 3. The bailiff of the Office shall determine, and shall enter in the register of inventory items belonging to drop, recovery records and long probate.

§ 4. In the inventory of the bailiff has also active status value decline relative to the value of things and rights disputes.

§ 5. In drawing up the inventory shall apply mutatis mutandis the provisions of article 4. 6384 § 1 and 3 and art. 947-949.




Article. 6389. [legal aid], if necessary, mention in the inventory of things appearing in another court, the Court may ask the Court to decline to perform the necessary operations. After the execution of the requested court shall forward the case file to the Court.



Article. 63810. [leave the movable and immovable property owned by the people who speak them] § 1. Movable and immovable property included in the inventory shall be held by the people who speak them. This does not apply to movable property made the deposit.

§ 2. If there are grounds to make a security drop with the Office, the bailiff shall notify the Court of competent jurisdiction to protect.



Article. 63811 [provision for completion of the supplementary inventory] if the disclosure of the subject matter belonging to drop the subject write recovery or inheritance in niezamieszczonego debt stock, the Court seems to drop provision for completion of a supplemental inventory. In cases in which the provision for completion of the inventory seems to be of the order of the completion of the supplementary inventory also appears.



Article. 63812 [message of the Act by the bailiff] after the completion of the inventory, the bailiff shall send the files to the Court, (a) in the case referred to in article 2. 6389, Court of the requested Party.

Article. 639. [Delegation] Minister of Justice shall determine by regulation: 1) the notification of the competent institutions of the middle of security, with a view to subject property subject to freezing and the competence of each institution;

2) the contents of the Protocol with the inventory of movable property, including the scope of the personal data provided in the Protocol, bearing in mind the necessity and the adequacy of the information and the necessity and the adequacy of personal data in relation to the purpose of their processing;

3) detailed mode and how to use the necessary interim measures to prevent infringement of the movable before they are written, having regard to the subject of the security, the speed of the proceedings, as well as the effectiveness of the necessary provisional measures.



Chapter 2 acceptance or rejection of the decline of the Art. 640. [make statements] § 1. A statement of the simple adoption or with a boon or to reject the inventory decline may be made before a notary or in the District Court in whose jurisdiction the place of residence or domicile of the applicant in a statement. Notary public or court shall send forthwith the statement, together with the annexes, to the Court.

§ 2. The Declaration referred to in the first paragraph may also be filed in the Court of the decline in the course of proceedings for a declaration of rights.

Article. 641. [contents of the claims] § 1. A statement of acceptance or rejection of the decline should contain: 1) full name of deceased, date and place of his death and the place of his last residence;

2) title to drop;

3) the content of the compound statement.

§ 2. The statement should also include a reference to any obvious applicant statement of persons belonging to the circle of legal heirs, as well as any wills, even if made up a statement he believed them to be invalid, and the data concerning the content and place of storage of wills.

§ 3. In a statement, you must submit a copy of the Act of death of a deceased or legally valid judicial decision about the recognition of the deceased or the confirmation of death, if the evidence were not previously submitted.

§ 4. If the statement made orally, the statement shall be drawn up.

Article. 642. (repealed).

Article. 643. [notice the succession] of the acceptance or rejection of the inheritance shall be communicated to all persons who, according to the statements and documents submitted are designated for succession, even though in the following order.

Article. 644. (repealed).

Article. 645. (repealed).



Chapter 3 Announcement Testament Article. 646. [obligation to deposit the Testament] § 1. The person with whom there is a testament, shall be lodged with the Court, when it finds out about the death of the deceased, unless made it to a notary public.

§ 2. Who unjustifiably shirking the implementation of the above obligation is liable for the resulting injury here. In addition, the Court may decline to impose on repealing to a fine.

Article. 647. [Declaration Order] to determine whether there is a will and where it is located, the Court may decline to order the submission of statements on the subject, using the appropriate mode for detecting objects in wills.

Article. 648. [an order submission Testament] § 1. The Court after hearing the person on which, according to the message received from the Office of issue, will order mandating its deposit of wills within the prescribed period.

§ 2. On order of the Court in relation to the submission of the Testament shall be entitled to appeal.

Article. 649. [opening and announcement of the Testament] § 1. The Court or the notary opens and launches the testament, where proof of death of the decedent.

§ 2. Of the date of the opening and the notice shall not be notified to the persons concerned, however, they may be present at this step.

Article. 650. [Several wills] When an couple of wills one deceased, opens and all, and on each of them makes a mention of the other.

Article. 651. [Protocol opening and announcement] in the opening minutes and notice the Testament describes his status and lists the date, the date and the person who made the testament. The Testament shall be shown and opening date of the notice.

Article. 652. [Notification of interested] of opening and announcement of the Testament inheritance court or notary shall as far as possible, persons, which include an appointment of concern, and the contractor Testament and curator. The notary shall inform the Court, by an established protocol.

Article. 653. [Storage Testament] Testament together with the Protocol and the notice shall be in a Court of law, unless it is deposited with the notary. However, at the request of the Court drop the notary shall send complex testament ago Court.

Article. 654. [the application of the provisions of chapter] the provisions of this chapter shall apply mutatis mutandis to the letter stating the contents of a will.



Chapter 4 Disclosure items probate Article. 655. [obligations of heirs] § 1. If, after the completion of the inventory, there is a doubt as to whether it included all items belonging to drop and recovery records or posted in the inventory for a long succession, inheritance Court of its own motion or at the request of the heirs, zapisobiercy recovery, an executor or the creditor may decline to order the heirs of submission: 1), claims that any of the subject of succession not withheld or deleted and not to inventory non-existent debts;

2) the list of items in the inventory, if the inventory undisclosed wills him are known, with an indication of the place of storage of movable and documents relating to property rights, as well as an explanation of the legal basis of these rights;

3) ensure that the complex statement or list is correct and complete.

§ 2. Create drop may report these requests only when uprawdopodobni that disclosed in the inventory status of virtual inheritance is not sufficient to cover the debts of the succession.

Article. 656. [Dissertation, entitled request] cases of disclosure items Probate Court recognizes at the hearing, calling in addition to the applicant, those who are entitled to request disclosure of the probate items if they are him.

Article. 657. [request against współspadkobiercy] if the request for disclosure is directed against another współspadkobiercy, the latter may not later than at the hearing request insertion of obligations on the applicant referred to in article 1. 655. 658. [a call to fulfil the obligations] after final provisions to take into account, in whole or in part the application for disclosure of items at the request of the Court of probate, everyone who was entitled to come up with this conclusion, will urge his successors to implement within the prescribed period inserted on it, with the instruction that a statement his heir may submit to the Court Protocol. At the same time, the Court shall appoint a day falling for at least two weeks after the expiration of the statutory period, which called on all participants in the case. If, before this meeting, the heir makes a statement or list, the Court shall notify the participants.

Article. 659. [Meeting] Heir that his obligations not done done, can fulfill them even at the meeting. In connection with the material presented by the heir to the Court and the participants may ask questions of the heir.

Article. 660. [the application of coercive measures], § 1. In the event of failure by the heir of his duties or refuse to reply to the questions posed, the Court shall apply coercive measures according to the provisions on the enforcement of non-cash benefits.

§ 2. These include the effects of an heir to the warn in the request to fulfil the obligations covered by the provision about the probate items wyjawieniu.



Chapter 5 Hearing witnesses testament of an oral Art. 661. [notice of the Court], § 1. Who learns about the death of the deceased, and that the content of the oral Testament was not written, is obliged to immediately notify the Court and drop names, the names and addresses of the witnesses, if these circumstances are known.

§ 2. Who fails to fulfil the obligation provided for in the preceding paragraph shall be responsible for the resulting injury here, a court may decline to mete out to him a fine.


Article. 662. [Call witnesses] witnesses who have stated in writing to the oral Testament content, the Court calls for the submission of the Court meeting of evidence showing the contents of the will. To conduct on examination of witnesses oral Testament shall apply mutatis mutandis the rules of evidence of the witnesses in the process of this change, that witnesses a will may not refuse to testify or answer the question, nor can be exempted from submission of the pledge.

Article. 663. (repealed).



Chapter 6 matters concerning the executor Article. 664. [refusal obligation to] the person appointed to the contractor, which refuses to accept this obligation, declares that the Court decline verbally for the record or in writing with a signature officially certified either before a notary. Powers to make such a declaration shall be made in writing and signed by an officially certified.

Article. 665. [certificate of competence] § 1. The Court decline or notary shall issue to the person appointed to the contractor, at its request, a certificate, which will replace the first name, last name, place of last residence, and the date and place of death of the deceased, name, surname and place of residence of the executor, as well as post a statement that the person concerned has been set up on the contractor. In the certificate indicates also the rights and duties of an executor, if they have been referred to by the testator.

§ 2. The notary shall forthwith inform the Court of the decrease of issued certificate by sending a copy thereof.



Chapter 7 the Board drop in non-Article. 666. [Court Actions] section 1. By the time the coverage drop by his successors, the Court ensures that the whole of the downside, and, where necessary, establish a guardian.

§ 2. If the equipment was not previously carried out, the Court will issue an order for the completion of the inventory.

Article. 667. [guardian Action] § 1. Curator of the decline should seek clarification who is the heir, and notify the heirs to open.

§ 2. The decline in assets managed by the curator of succession under the supervision of the Court. To the Board of Directors shall apply mutatis mutandis the provisions of Executive Board in the course of the execution of real estate.

Article. 668. [Sale of perishable things] the Court may decline to order the sale of to drop movable assets, which are vulnerable to corruption or storage entails excessive costs. The sale will take place in the manner prescribed for the sale of movable property in the course of execution, unless the Court determines otherwise sell.



Article. 6681. [Authorization to drop bank transfers Superintendent property or rights], the Court, at the request of the Bank within the meaning of the Act of 23 October 2014 inverted mortgage credit, may authorize the guardian to drop bank transfer property or rights referred to in article 2. 4. paragraphs 1 and 2. 2 of this Act, security reverse mortgage, settlement and reverse mortgage. The application may be filed by the bank not earlier than one year after the date of death of the borrower. In cases arising from the settlement of reverse mortgage may drop curator sue or be referred.



Chapter 8 the acquisition Statement and write Article collections item. 669. [Decisions, the hearing] Court seems to decrease for the confirmation of the acquisition of the decline after the hearing, which calls on the applicant and the people who could come into question as a legal heir and the high Duke.

Article. 6691. [Repeal of the Act of inheritance credentials] § 1. The Court decline to quash registered credentials if the Inheritance Act in respect of the same drop was issued for the confirmation of purchase.

§ 2. In the case of registration of two or more acts of the credentials of the succession in respect of the same drop, drop by the Court at the request of the person concerned shall be repealed all acts of the credentials of the inheritance and it seems for the confirmation of purchase.

§ 3. In addition to the circumstances described in section 1 and 2, repeal the Act registered credentials is permitted inheritance only in cases specified in the Act.

§ 4. In the event of the repeal of the Act of the registered credentials inheritance, the Court shall notify the notary who drew up the Act repealed, and the National Council of notaries, by sending copies of the issued judgment.

Article. 670. [scope of investigation], the Court examines the decline of authority, who is the heir. In particular, examine whether the deceased has left a will, and calls to make a will that person be ascertained that a will with her. If a will is filed, the Court will make its opening and announcements.

Article. 671. [Provide heirs] § 1. As proof that there are no other heirs, may be adopted to ensure the complex by the applicant to be heir.

§ 2. To ensure the applicant should make a statement as to what he is known: 1) the existence or nullity of people who wyłączałyby known heirs from inheritance or dziedziczyłyby with them;

2) father of the deceased.

§ 3. In terms of the effects of the criminal provision is synonymous with the submission of evidence under the reverse of what the judge should warn the applicant to provide.

Article. 672. [Call heirs by the announcement] if it was not made or if or other evidence will not be considered by the Court to be sufficient provision in the case of a statement purchase decline may be taken only after the heirs by the announcement.

Article. 673. [content of notice] Notice should contain: 1) name, surname, profession, and the last place of habitual residence of decedent;

2 the date of decedent's death);

3) an indication of the property remaining after the decedent;

4) call to heirs within three months from the date indicated in the notice made and have proven the acquisition, because otherwise they may be discarded in order for the confirmation of purchase.

Article. 674. [publication of notices] § 1. The notice shall be in writing to the poczytnym throughout the country and provides publicly to the news in the last place of habitual residence of the deceased, in this place.

§ 2. If the value of the drop is insignificant, the Court may refrain from placing a notice in writing.

Article. 675. [Hearing] after the expiry of a period of three months from the date of the notice, the Court shall appoint to resolve reported hearing requests, you will call people who came forward and reported place of residence.

Article. 676. [a provision stating that the acquisition of inheritance] if, within three months from the date of the notice of summons heirs no one reported the acquisition of decline or the applicant has not proved it at the hearing, the Court shall issue an order stating that the acquisition of the inheritance by heirs, whose rights have been established.

Article. 677. [content of provisions] § 1. The Court finds the acquisition drop by the heirs, even though there were other than those indicated. In order for the confirmation of the acquisition of the decline of the Court mentions the testator and any heirs, which decrease, as well as the amount of their shares.

§ 2. In order for the confirmation of the acquisition of the decline of the Court finds also the acquisition of the subject of the record collections, listing the person for whom the testator had made a record of credit management, and the subject of this entry.

§ 3. Statement of acquisition subject to write recovery may be effected by the issue by the Court, the provisions of the partial.

Article. 678. [set aside the order] If confirmed was the acquisition of the inheritance or inheritance credentials Act registered after a deemed person deceased or whose death has been found by the Court, and for recognition of the deceased person or the confirmation of her death has been repealed, the Court of its own motion decline waives for the confirmation of the acquisition of the decline or the Act of inheritance credentials.

Article. 679. [Re deciding] § 1. Proof that the person who has obtained a declaration of acquisition, is not the heir, or that its participation in the fall is different than found, can be carried out only in proceedings to set aside or vary the finding of the acquisition, with the application of the provisions of this chapter. However, the one who was the other party to the proceedings for a declaration of acquisition, may only require changes to the provisions concerning the acquisition, if the request is based on the basis of which it could not invoke in this proceeding, and the application for amendment is made before the expiry of one year from the date on which he received this opportunity.

§ 2. The request for the initiation of such proceedings may report anyone interested.

§ 3. In the case of taking of evidence, that the decline in whole or in part acquired another person than indicated in the confirmation of order by the acquisition, the Court, by changing this provision, it finds the acquisition in accordance with the legal status of a real decline.

§ 4. The provisions of § 1-3 shall apply mutatis mutandis to registered Act of inheritance and credentials to establish the acquisition of subject to write recovery.



Chapter 9 Section drop Article. 680. [request for section drop] § 1. In an application for a section fall whereas a provision for determination of the acquisition of the decline or registered credentials Act inheritance and inventory, as well as specify what the deceased made wills, where they were made and where they are. If the inventory has not been done, you must indicate in the proposal, which is to be the subject of a section.

§ 2. If part of the drop in property, enter you should submit evidence to the effect that the property was owned by a decedent.


Article. 681. [Declaration of acquisition of inheritance] If statement not yet drop the acquisition and has not been done the Act registered credentials inheritance, for the confirmation of purchase drop in court during the proceedings, using the gun provisions of Chapter 8.

Article. 682. [data współspadkobierców] Współspadkobiercy should give the Court his age, profession, family status and what their earnings and assets, as well as the earnings and assets of the spouse, to explain how they benefited from the drop in so far, as well as provide other circumstances which may affect the outcome, as each of the współspadkobierców is to receive from the fall. If the subject of the section is an agricultural holding, współspadkobiercy should in particular provide data concerning circumstances provided for in article 3. 214 of the civil code.

Article. 683. [referral District Court] at the request of a participant in the Department reported no later than at the first hearing, the Court may refer the matter to the decline of the District Court in whose jurisdiction is located the decrease or a significant part thereof, or the District Court, in whose district they live all współspadkobiercy.

Article. 684. [the findings of the Court] and the value of the expressed fall Division establishes the Court.

Article. 685. [Preliminary Order] in the event of a dispute about the existence of the power to request the distribution of the estate, as well as in the event of a dispute between współspadkobiercami about whether a subject is to be to the downside, the Court may issue a preliminary order drop.

Article. 686. [Decision in proceedings-gun] gun proceedings the Court Decides also about the existence of the records, which are things or rights belonging to drop, as well as the reciprocal claims between współspadkobiercami to ownership of individual probate items taken benefits and other income made on the decline and I paid the debts of the succession.

Article. 687. [recognize the distribution of the estate] in the absence of a basis for judgement on the basis of the participants ' application-compliant gun, the decline will be recognized according to the following rules.

Article. 688. [the application of the provisions concerning the abolition of the ownership of] to drop provisions shall apply by analogy, concerning the Elimination of ownership, and in particular article. 618 § 2 and 3.

Article. 689. [Merger cases] if the whole inheritance assets or individual things that make its composition constitute joint ownership with another title than inheritance, inheritance and abolish the co-ownership may be combined in one proceeding.



Chapter 10 other matters of inheritance Article. 690. [set aside from the legal effects] section 1. In the event of deviation from the legal effects of the Declaration of acceptance or rejection of the decline of the court hearing shall be carried out.

§ 2. If as a result of a final approval by the Court to repeal referred to in § 1, change the circle of persons to which the acquisition of decline has already been identified or registered was the Act of the credentials of the inheritance, the Court after the hearing, of its own motion changes the order of confirmation of the acquisition of the decline or registered credentials and rule Inheritance Act hereby repealed on the subject.

Article. 691. [Release executor] § 1. The request for the release of an executor is entitled the person concerned. The settlement proposal after hearing of an executor.

§ 2. Executor released from duties should return the certificate of their privileges.



SECTION IVa of the matter from the scope of the provisions on State-owned enterprises and the local Government of the State Enterprise crew Article. 6911. [scope], § 1. The provisions of this chapter shall apply in cases of dispute between: 1) the Council of the unincorporated business and Director of the company;

2) undertaking a basic body organs;

3) bodies of the company and the authority supervises the company.

§ 2. The case referred to in § 1 recognize the regional courts.

Article. 6912 [jurisdiction], the competent court is that of the place of establishment of the undertaking (associations), from which the activity relates to the subject matter of the dispute.

Article. 6913. [judicial Capacity] in the cases referred to in article 1. 6911, the ability of the courts also have the company director and the Director of the Association of undertakings acting in that capacity, and the workers ' Council of the company and the Board of the Association companies.

Article. 6914. [Representation] on behalf of the employee Council may be designated by the Council, each member thereof.

Article. 6915 [power of Attorney] § 1. A delegate can also be an employees ' Council each employee of the company, which shall have the right to vote for local government bodies of the crew of the enterprise, or legal counsel unemployed in this enterprise.

§ 2. Delegate manager of an undertaking may also be legal counsel or other employee of the company.

§ 3. Delegate manager of an undertaking and the employee Council in matters between them and the initial authority or body supervises the company can also be a legal counsel of the company, unless a conflict of interest occurs between the Director and the Council.

Article. 6916. [the application of the provisions of the Act]. 6914 and 6915 shall apply mutatis mutandis to the Council of the Association of undertakings, and the recipe article. 6915 is also the Director of the Association.

Article. 6917 [opinion, dissertation] dispute settlement Decision can be taken only after a hearing.

Article. 6918. [costs] costs chargeable to the both the Council, and a Director of the company shall be borne by the undertaking and the undertakings or associations of the Director Council of the aggravating circumstances of the Association shall be borne by the organization.

Article. 6919. [the exemption] the provisions of this chapter shall not apply in cases of damages.



SECTION V, Chapter 1, item Deposit deposit Matters to provide legal deposit Art. 692. [jurisdiction] to make matters subject to legal deposit provision, the competent court is that of the place of execution of the undertaking. If this space is not possible to determine the competent court is that of the place of residence of the creditor and the creditor is unknown or when there is no known place of residence-Court of the place of residence of the debtor. Where an obligation is secured by an entry in the land register, the competent court is that of the location of the property.

Article. 693. [proposal] the proposal to make the subject of the provision of legal deposit: 1) specify an obligation in the implementation of the article;

2) cite circumstances justifying submission;

3) mark the object which is to be submitted;

4) indicate the person to whom the item has to be released, and the conditions under which the Edition is to take place.

Article. 6931. [the assessment of the application] in proceedings to make the subject of the provision of legal deposit, the Court does not examine the veracity of the claims contained in the application, limited to assess whether the circumstances adduced by the deposit is legally justified.

Article. 6932. [Authorization of the Court], § 1. The filing of the subject of the provision of a judicial deposit may be made only after authorization by the Court.

§ 2. However, if the subject of the provision of money are Polish, the deposit can be made well before obtaining the authorization of the Court. In this case, the debtor should simultaneously with the filing of the request money for the deposit. If you take account of this request the deposit shall be deemed to have been effected at the time at which it actually occurred.

§ 3. If the subject of the provision of money, the judicial deposit shall be effected by the deposit escrow account of the Minister of finance.

Article. 6933. [Notice] § 1. If the creditor or his place of residence are not known, the authorisation to use the subject matter of the provision of legal deposit, the Court shall announce to the public in the judicial building and the premises of the authority. In addition, the Court manages the placement of the notice in the official journal of the national scale, or gives them a different way to the public; It can also announce in the Gazette and the economy.

§ 2. The notice shall include the particulars referred to in article 1. 693 points 1, 3 and 4 and call the creditor to receive the deposit.

§ 3. If the creditor or his place of residence are not known, the Court lays down the guardian. The recipe article. 510 § 2 shall apply mutatis mutandis.

Article. 6934. [description of deposit] § 1. The Court may require that the deposit was made in an appropriate container.

§ 2. Prior to the adoption of the valuables for deposit of the Court shall be the description and evaluation by an expert in the presence of the debtor or designated by it.

Article. 6935. [Provide repeated] § 1. If the debtor is required to make the benefits of repeated, and there are conditions for the legal deposit of benefits already payable, the Court may allow the debtor to submit in the future to deposit further benefits when they become due and payable. The deposit of any provision of the Court shall notify the creditor.

§ 2. At the request of the creditor, the court sets aside the provision to allow the debtor to submit the deposit of benefits on the basis referred to in paragraph 1, if the creditor agrees to the willingness of the admission and receipt of further benefits due.

Article. 6936. [place of storage of the deposit] § 1. Accepted for legal deposit: 1) money-keep on deposit account of the Minister of finance;

2) valuables, savings books, securities and other documents and items that will be accepted for deposit, the Court on the basis of specific provisions-shall be in the Court or in the Bank;

3) other items-shall be stored in a place designated by the Court.

§ 2. If the subject is passbook, and storage is not on its issuer, to accept passbook deposit, the Court shall notify the issuer.


Article. 6937. [Supervision] § 1. In order to exercise supervision over objects that are stored in a designated area shall establish a court dozorcę. Before the release of provisions, the Court will hear an application by the debtor as to the caretaker. On order of the Court shall be entitled to appeal.

§ 2. To the keepers shall apply mutatis mutandis the rules relating to the caretaker in the course of execution.

Article. 6938. [how to store] documents and other material deposits shall be kept in the unaltered state.

Article. 6939. [difficulty saving] § 1. If the subject of the provision, which is to be deposited, is moving to ulegająca easy-deteriorated, as well as for mobile, which store would be associated with disproportionately high costs in relation to its value or excessive difficulty or would result in a significant reduction in its value, the Court at the request of a debtor, orders for sale by order of things according to the rules on execution of movable property.

§ 2. Obtained from the sale amount of the bailiff shall submit to the escrow account of the Minister of finance.

Article. 69310. [receipt of] following the adoption of the deposit, the Court shall deliver to the debtor a receipt.



Chapter 2 legal deposit Refund to the applicant and issue a judicial deposit holder Art. 69311. [refund] § 1. At the request of the debtor, the Court will return the deposit to him, if the creditor has not requested the release of the deposit.

§ 2. If the application of the debtor for repayment of the deposit and the application of a creditor for the issue have been reported at the same time, the Court decides to release the deposit to a creditor.

Article. 69312. [Deposit as a result of the decision of the body] in the event of a deposit as a result of the decision of the Court or other authority, the deposit can not be returned to the debtor without the permission of the Court or other authority which issued the decision, unless the decision is due.

Article. 69313 [feasibility Clause] If submitting an item for deposit in order to give enforceability title egzekucyjnemu, deposit can be returned to the debtor without the consent of the creditor, unless the application for a declaration of enforceability has been revoked.

Article. 69314. [Conditions for reimbursement of deposit] at the request of the creditor, the Court decides to release him, if there are conditions set out in the application for the deposit.

Article. 69315 [Consent of the creditor] if the commitment was secured an entry in the land register, and as a result of the filing of the subject of the provision of the deposit was the deletion of this entry, the debtor may demand the release of the deposit to him only with the consent of the creditor, unless otherwise provided by special provision.

Article. 69316 [reimbursement of the costs of the procedure] at the request of the debtor, as reported by the Court prior to the release of the deposit, the Court will grant him creditor of the reimbursement of costs of the proceedings.

Article. 69317. [Deposit at the request of the competent authority] If the judicial deposit was at the request of the competent authority, the deposit appears to be the person entitled after demonstrating by it, that the conditions under which the issue of the deposit could occur have been met.



Chapter 3 the proceedings in cases of liquidation Article deposit niepodjętego statement. 69318 [Liquidation not deposits] § 1. The provisions of this chapter shall apply in cases of liquidation statement not deposits, unless other laws provide otherwise.

§ 2. In the cases referred to in § 1, the competent court is that of the place of deposit.

Article. 69319. [request for liquidation] § 1. In the application for the liquidation of the niepodjętego deposit: 1) indicate the circumstances under which the deposit occurred;

2) specify the deposit subject to winding-up;

3) indicate a person who is entitled to receive the deposit.

§ 2. Where it is not known to the person entitled to receive the deposit or is not known to her place of residence or seat of the applicant is required to submit evidence to the activities aimed at the clarification of these circumstances.

Article. 69320. [the proceedings of the Office] in a statement winding up the deposit niepodjętego the Court may initiate proceedings ex officio.

Article. 69321 [subpoena] participants who are not notable or whose domicile is not known, the Court calls for participation in the proceedings by public notice in the building.

Article. 69322. [Decree of confirmation of liquidation] for the enforcement of the finding of the liquidation of the niepodjętego deposit is required of the competent head of the tax office in the manner and on the terms set out in the provisions of the enforcement proceedings in administration.



Article. 694. (repealed).



SECTION VI Registration Procedure Article. 6941. [the proceedings in the cases of registered] § 1. The provisions of this section shall apply to the proceedings in cases of entry in the national court register (registered matters).

§ 2. The provisions of this chapter shall apply by analogy to other proceedings carried out by the registry courts, if specific provisions provide otherwise.

Article. 6942. [Court of competent jurisdiction in matters relating to register] only registered cases in the District Court (Court) because of the place of residence or place of establishment of the entity to which the entry refers (Court of registration).

Article. 6943. [entity entitled to submit an application for entry] § 1. Application for entry into the national court register consists of the entity which is subject to registration in that register, if specific provisions provide otherwise.

§ 2. An entity subject to the entry into the national court register is a participant in the proceedings, even if he was not the applicant. Article 5(1). 510 § 2 shall not apply.

§ 21. The lack of authority or lack of in the composition of the body to represent the entity subject to the entry into the national court register shall not prevent the entry of the Office.

§ 3. The application made to the Court of the registered electronically should be accompanied by a secure electronic signature linked to using a valid qualified certificate or the signature of a confirmed trusted profile Government Services Platform (ePUAP).

§ 31. The request submitted by electronic means for entry into the national court register limited liability companies, which contract was concluded by means of the master agreement, the limited liability companies shared in the ICT-based system, it can also be accompanied by other electronic signature that meets the requirements for electronic signatures of people contracting such companies. Provision shall not apply to the request for amendment or cancellation of the registration.

§ 32. The application lodged by the representative, for entry into the national court register company whose contract was concluded by means of the master agreement, the company shared ICT-based system, not to be accompanied by a power of Attorney, however, the agent should rely on no, indicating the date, extent and circumstances listed in article 1. 87. section 4. In the case of submission of the application, as described in § 3 and 31 service rulings and judicial writings will be made to persons made this route the request through the it system that supports the registration proceedings.

§ 5. Judgment of the Court and sent in the manner referred to in section 4 shall be deemed to have been served on the date indicated in the electronic acknowledgement of receipt. In the absence of such confirmation of the delivery shall be deemed to be effective on the expiry of 14 days from the date of placement of the correspondence in ICT-based system laid down in § 4.

Article. 6944. [a form of documents], § 1. Documents, on the basis of which the entry is made into the national court register, comprised in originals or certified officially write-offs or extracts.

§ 11. Whenever it is necessary to study enforcement referred to in article 2. 783 § 4, the application for registration shall be accompanied by a document obtained from informatics system enabling the Court to verify the existence and the content of the title. Before the diagnosis of this request the existence and content of the enforcement is subject to verification by the judge or the clerk of the Court in the telecommunications system.

§ 2. The documents referred to in § 1, submitted by electronic means, should bear a safe electronic signature linked to using a valid qualified certificate or the signature of a confirmed trusted profile Government Services Platform (ePUAP).

§ 21. The documents referred to in paragraph 1, relating to limited liability companies referred to in article 14(2). 6943 § 31, submitted by electronic means, may also be stamped with another electronic signature that meets the requirements for electronic signatures of people contracting such companies.

§ 3. Extracts deeds, extracts, copies of documents and credentials can be sent to the Court by electronic means, if the notary by them a safe electronic signature linked to using a valid qualified certificate.

Article. 6945. [for the] § 1. Entry into the national court register, on the basis of the following provisions, if special provision provides otherwise.

§ 2. The provisions as to the merits of the case are effective and enforceable upon their release, with the exception of the provisions relating to the deletion of the entity from the national court register.

§ 3. The provisions concerning the use of coercive measures court registry can give immediate rigor feasibility, if required by the interests of the creditor or any other person.

Article. 6946. [Justification provisions] § 1. The order on the merits issued in accordance with the request do not require justification.

§ 2. Registered with the Office shall prepare a justification of the provisions as to the merits of the case, which has been issued with the Office.


Article. 6947. [Effects include remedy] in the case of consideration of remedy from a judgment in the proceedings concerning the registration of the entry into the national court register, the Court of second instance to quash the contested judgment and refer the matter back to the Court of rejestrowemu. Recognizing the matter again, the registration Court shall take into account the indications of the Court of second instance, and the current state of the registry.

Article. 6948. [costs of registration] paragraph (1). The costs of the proceedings shall be borne by the registered entity subject to the entry into the national court register.

§ 2. The costs of the proceedings brought by a person who is not authorized to act on behalf of the entity which is subject to entry in the national court register, shall be borne by the applicant, unless his request was granted, in whole or in substantial part.

§ 3. (repealed).



The THIRD BOOK (repealed) Article. 695. (repealed).



Article. 696. (repealed).



Article. 697. (repealed).



Article. 698. (repealed).



Article. 699. (repealed).



Article. 700. (repealed).



Article. 701. (repealed).



Article. 702. (repealed).



Article. 703. (repealed).



Article. 704. (repealed).



Article. 705. (repealed).



Article. 706. (repealed).



Article. 707. (repealed).



Article. 708. (repealed).



Article. 709. (repealed).



Article. 710. (repealed).



Article. 711. (repealed).



Article. 712. (repealed).



Article. 713. (repealed).



Article. 714. (repealed).



Article. 715. (repealed).



The FOURTH BOOK treatment in case of LOSS or DESTRUCTION of the ACT Art. 716. [Play Act] Reproduction are files lost or destroyed in whole or in part. On legally finished rebuilding shall be subject to the judgment terminating the proceeding on and that part of the Act, which is necessary to determine its content and to which the proceedings are resumed.

Article. 717. [initiation] § 1. The court proceedings initiated ex officio or on request.

§ 2. The court proceedings initiated only upon request, if the loss or destruction of the Act has occurred as a result of force majeure. Also in this case, the Court can, however, initiate proceedings ex officio, if the case, which files were lost or destroyed, or it can be initiated ex officio.

Article. 718. [request for restoration of the Act], § 1. To submit a request for restoration of the Act is entitled «, a participant of the proceedings or the intervener.

§ 2. The request for restoration of the file of the case is in progress report within three years of the loss or destruction of the Act, (a) a request for restoration of the file of the case legally ended-in ten years from now.

§ 3. The above restrictions do not apply to an application for restoration of the State rights to file.

Article. 719. [jurisdiction], § 1. To re-create the file, which is in the course of the Court in which the case had been going recently.

§ 2. If the competent would be a Court of second instance or the Supreme Court, the Court shall transmit the case to the Court of first instance, except in the case of reproduction of the Act the Court of second instance or the Supreme Court Act.

§ 3. Treatment in case of loss or destruction of an act on having finished the Court shall be carried out, in which case was fought in the first instance.

Article. 720. [jurisdiction] to re-create the file ending in the State notarial Office jurisdiction is the District Court in whose jurisdiction was it.

Article. 721. [Contents of the request] the request for restoration of the Act must specify exactly the case, attach any officially certified copies held by the applicant and indicate the known him places where documents or their copies.

Article. 722. [copies of documents], § 1. The President calls on the people, the public authorities or the institutions indicated in the application, and known to the Court officially to submit, within a specified period officially certified copies of documents in their possession or that they do not possess.

§ 2. If the person does not have the requested document or a copy of, and before it was in its possession, it should explain where the document or copy is located.

Article. 723. [Fine], § 1. The Court may convict on a fine anyone who does not comply with the request made in accordance with the preceding article.

§ 2. If the requested was a legal person or other organization, penalise those subject to its Director or employee whose duty was to make it comply with the request.

Article. 724. [Attach copies to the Act] If an officially certified copies shall be deposited, the President manages to attach them to the Act. A copy of the order shall be served on the parties.

Article. 725. [Declaration] if the re-creation of the Act cannot be carried out as provided for in the preceding articles, the Chairman shall invite the parties to submit accurate statements as to the contents of the lost or destroyed writings and evidence for their claim, including copies of private and other writings and notes, which can be helpful when playing the file.

Article. 726. [Investigation ex officio] regardless of the statements and proposals of the parties, the Court shall be carried out ex officio investigations, not omitting any circumstances that may be relevant for the determination of the content of the missing or damaged files. The Court shall take particular account of the entries in the repertoriów and other books. The Court may also hear as witnesses, judges, prosecutors, agents and other parties to verify the persons who participated in the proceedings or comment as to the content, as well as the Act may order the hearing of the parties.

Article. 727. [Decision] after completion of the proceedings in accordance with the two articles prior to the court order, how and to what extent the missing files will be restored or that restoration is impossible. The order shall be entitled to appeal.

Article. 728. [Taking further action] if the files may not be reproduced or recreated in part to insufficient to take further action, the matter can be started again. In all other cases, the Court shall take proceedings in that State, in so far as this is possible, taking into account the Act of remaining and reconstituted. In order to take further proceedings shall be entitled to appeal.

Article. 729. [Limitation] the limitation period interrupted by the original opening of the case begins again from the date on which the provisions concerning inability to play act or will refuse to take further action.



The SECOND PART of the TITLE of PROTECTION PROCEEDINGS and the General provisions of article 3. 730. [Security] section 1. In every civil case requiring diagnosis by a court or arbitration may be required to provide security.

§ 2. The Court may grant a security prior to the initiation of proceedings or in its progress. Once the authorized enforcement is acceptable for protection only if it is to safeguard the claims of performance, the meet has not yet occurred.

Article. 7301 [Request to grant security] § 1. The granting of a security may require each party or participant in a proceeding, if the uprawdopodobni claim and interest in giving security.

§ 2. Interest in giving security exists when the lack of security prevents or seriously hinder the implementation of an isolated on the judgment or otherwise prevent or seriously hinder achievement of the purpose of the proceedings in the case.

§ 3. When choosing how to secure the Court will take into account the interests of the parties or participants in the proceedings so far to the holder ensure legal protection, and obowiązanego do not charge more than need.

Article. 731. [purpose of security] Security may not seek to satisfy a claim, unless the law provides otherwise.

Article. 732. [Provide security] Security is provided at the request of, and in cases in which proceedings may be initiated ex officio-also from the Office.

Article. 733. [the term] by providing a security prior to the initiation of the proceedings, the Court shall designate a term during which the document instituting the proceedings should be brought under pain of falling. This period may not exceed two weeks.

Article. 734. [jurisdiction] to provide security for the Court to which jurisdiction a diagnosis of the case at first instance. If this cannot be determined, the competent court is the Court in whose district is to be made for giving security, and in the absence of the grounds or in the case where the provision granting the security would have to be made in the various courts-District Court for m.st. Warsaw. Request for security requested in the course of proceedings, the Court recognizes that instance in which the proceedings take place, except in the case when the Supreme Court is the Supreme Court. Then the freezing order rule, the Court of first instance.

Article. 735. [identification of the proposal for a] § 1. The application for protection shall be subject to the diagnosis of a private session, unless otherwise provided by special provision.

§ 2. On which recognizes the Court shall be taken, in the case of urgent order in relation to the granting of a security may be given by a court composed of one judge.

Article. 736. [Application] section 1. A request for protection should correspond to the requirements prescribed for the pleading and moreover contain: 1) an indication of the way the security, and in cases of a monetary claim is also an indication of the amount of the security;

2) prima facie evidence of the circumstances justifying the request.

§ 2. Where an application for security for an application has been received prior to the initiation, also briefly introduce the subject matter of the case.


§ 3. Indicated in section 1 of the amount of the security may not be greater than the period of the claim, plus interest to the date of the award and the costs of implementation. This amount may also include the anticipated costs of the proceedings.

§ 4. If, in the framework of the security required is made up of the sum of a security, the amount placed on deposit account of the Minister of finance, unless special provision provides otherwise.

Article. 737. [the term] an application for protection shall be subject to the diagnosis as soon as possible, but not later than within one week of the date of its impact to the Court, unless otherwise provided by special provision. If the law provides for the identification of the application at the hearing, you must designate so that the hearing can take place within a period of one month from the date of the impact of the proposal.

Article. 738. [to recognize the request for security] hears a request for security in its borders, taking as a basis the judgment material collected in the case.

Article. 739. [execution of provisions granting security] § 1. Implementation of the provisions giving security the Court may subject to the lodging of a security by a precautionary obowiązanego arising from the execution of the freezing order. With this deposit will be payable obowiązanemu priority to meet other liabilities immediately after enforcement costs.

§ 2. Provision of section 1 shall not apply when the State Treasury is authorized and, in the case of security maintenance claims, pension and employee duties in matters concerning labour law, in part not exceeding one month's full salary of the employee.

Article. 740. [provisions of Service], § 1. Provision in relation to security, issued in private session, and subject to the enforcement authority, the Court shall serve only the holder, unless otherwise provided by special provision. Obowiązanemu service makes enforcement authority at the time of accession to the execution.

§ 2. In the cases covered by section 1 of the obowiązanemu there is also served on the complaints of the entitled party or Court of second instance settlement of the complaint.

§ 3. If established as the Executive Board of a firm or farm or obowiązanego that part of the undertaking or of part of it or a part of the farm obowiązanego, service obowiązanemu the provisions granting a security administrator shall be established by the Court. If required, or if the provisions refuses to accept the Manager is introduced in the management board by a bailiff, the bailiff made security provisions of the service.

Article. 741. [Complaint] order of the Court of first instance in the subject matter of the complaint are entitled to protection.

Article. 742. [Request to repeal or amend the provisions of] § 1. Required may at any time require the repeal or amendment of the final provisions, which have been security, when being eliminated or cause. If the required deposit on behalf of the Minister of Finance shall deposit the amount of the security required by the entitled party in the request for security, security falls. The recipe article. 7541 § 3 shall apply mutatis mutandis.

§ 2. Provision on revocation or limitation of a security may be taken only after a hearing.

§ 3. Bringing complaints to the provision repealing or amending a provision giving protection to execute pauses.

§ 4. The provisions of § 2 and § 3 shall not apply, when it set aside the order granting security occurred as a result of the deposit by the deposit to the account of the obowiązanego of the Minister of finance the sum sufficient for security.

§ 5. (repealed).

Article. 743. [feasibility Clause] § 1. Where a provision giving the security shall be enforced by way of execution, for the implementation of this provision shall apply mutatis mutandis the provisions of the enforcement proceedings, however, that the Court gives the order to grant a security clause of the feasibility of the Office. In the case of overlapping of security granted by the Court and administrative authority. 773. 774 do not apply, with the exception of the cases provided for in article 3. 751. § 2. If, due to its content of the order shall be enforced in any other way, shall apply mutatis mutandis the rules relating to this method. The basis for the conduct of the proceedings is accompanied by a provision of the Office by the President in the feasibility study.

§ 3. If the execution of the freezing order was subject to the lodging of a security by a precautionary obowiązanego, resulting from the execution of the freezing order, the Court gives it a clause the feasibility or the President of the supplies in the feasibility study, on bail.

Article. 7431 [Opposition spouse] § 1. Order granting a security issued against a person remaining unmarried is the basis for action relating to the implementation of security on property within the composition of the assets.

§ 2. Within a week of the date of the first activities related to the implementation of the security provisions of the executed may oppose the obowiązanego spouse to grant security, of which the executing authority security shall immediately inform the entitled party.

§ 3. The opposition obowiązanego spouse referred to in paragraph 2, shall not prevent the implementation of a security. However, if security leads to meet qualified, shall be paid out of money obtained in a security investigation.

§ 4. In the event of objection referred to in § 2, entitled may within two weeks from the date of notification, under pain of the collapse of security in respect of the implementation of the property within the composition of the assets, apply to the Court for ago provision enforceability against the spouse obowiązanego. The provisions of article 4. 787 shall apply mutatis mutandis. Fall, referred to in the first sentence, also in the event of a dismissal of the application for a declaration of enforceability. The recipe article. 7541 § 3 shall apply mutatis mutandis.

Article. 744. [the collapse of security] § 1. In the event of a final return or rejection or dismissal of an action or an application, or amortization of the proceedings, the security falls.

§ 2. Security falls also when has been granted prior to the initiation of the proceeding, if not in the whole of the proceedings commenced by the claim or claims occurred other than that which has been secured.

§ 3. In the cases referred to in § 1 and § 2 article. 7541 § 3 shall apply mutatis mutandis.

Article. 745. [Settlement of costs] § 1. The cost of security proceedings the Court shall decide in its judgment terminating the proceedings in the case, and the cost of security proceedings later formed decides at the request of a party, the Court, which granted protection.

§ 2. Where a provision in which the security was granted, was released prior to the initiation of the proceedings and entitled him to the date designated not preserved its opening, required may within two weeks of the end of this term to apply for him. In this period, the request may be entitled, if not brought the case because it must meet its claim.

Article. 746. [a claim for damages] § 1. If not brought within the prescribed period the document which instituted the proceedings or withdrawn the claim or application, as well as when the application or the application is rejected or returned or an action or application to be rejected or discontinued, as well as in the cases referred to in article 1. 744 § 2, obowiązanemu are entitled to against the holder a claim damages suffered by making security. The claim expires if not brought within one year from the date of its inception.

§ 11. If an appeal in cassation, the term referred to in § 1 shall start to run on the date of final closure caused its filing.

§ 2. Entitled who obtain total security, bear joint and several liability for caused damage.

§ 3. If, within one month from the start of the period referred to in section 1 or 11, brought the court action is not obliged to return to the holder, at his request, a deposit made on securing a claim.



TITLE II Protection claims Article. 747. [Security claims] Security claims by: 1) the seizure of movable property, remuneration for work, claims from your bank account or other claims or other property rights;

2) load on the obowiązanego real estate mortgage compulsory;

3) the establishment of a ban on the disposal or charging of property, which has furnished the land register or land registration is missing or was destroyed;

4) load on the ship or ship under construction mortgage;

5) to establish a ban on the sale of a cooperative ownership right to the premises;

6) the establishment of the Board forced on business or farm or obowiązanego that part of the undertaking or of part of it or a part of the farm obowiązanego.

Article. 748. [service of the provisions] provision of granting a security issued in private session, in the cases referred to in article 1. 747 points 2 to 6, also served on obowiązanemu.

Article. 749. [the unacceptability of claims security] Security claims against the Treasury is unacceptable.

Article. 750. [prohibition of protection] Protection cannot cover things, claims and rights, of which the execution is disabled.


Article. 751. [Things sufficiently rapidly deteriorated], § 1. Things deteriorated fast as collateral may be required when there is no other property, which could protect the legitimate claims, there is an opportunity to sell these things immediately.

§ 2. The sale of things listed in § 1 should take place immediately, according to the provisions of the sale in execution of movable property.

§ 3. At the request of the obowiązanego District Court may, after hearing the authorized to recommend the bailiff sale any used movable property, claim or right.

§ 4. The price obtained from the sale of an escrow account of the Minister of finance to secure the claims of the entitled party.

Article. 752. [Deposit Account of the Minister of finance] § 1. Occupied movables may not be placed under supervision by the holder. Seized money consists in the escrow account of the Minister of finance, and seized securities Court consists in the Bank.

§ 2. (repealed).

§ 3. (repealed).

Article. 7521. [Sale of financial instruments] § 1. In the case of the granting of security by addressing the rights of financial instruments recorded on securities account or another account within the meaning of the provisions on trading in financial instruments shall, within three months from the date of the seizure may order their sale. The amount obtained from the sale shall be placed on deposit account of the Minister of finance. Required may also have to account on the sum of money has been paid into an escrow account of the Minister of finance.

§ 2. The provision of § 1 does not apply to bulk-Bill within the meaning of the provisions of the Act of 29 July 2005 on trading in financial instruments (OJ from 2014, poz. 94).

Article. 7522. [the seizure of the bank account] § 1. In the event of seizure of the bank account security entrepreneur or the owner of an agricultural holding Court at the request of obowiązanego made within one week from the date of notification to him of the freezing order determines what amount you can download the current remuneration for the work along with the salary tax and other laws, as well as the burdens of the current costs of the business.

§ 2. By providing security, the Court may specify the use of a seized bank account in a different way.

§ 3. The seizure of the bank account does not deprive obowiązanego rights to forward seized on the escrow account of the Minister of finance in order to pay the sum.

§ 4. The provision of § 3 shall apply mutatis mutandis when the security issues other claims and property rights.

Article. 7523 [warning Entry in the land register] § 1. Order granting security prohibiting the disposal of a cooperative ownership right to the apartment is the basis for entry in the land register warnings on the prohibition of the sale of those rights. An entry shall be made on the application of any interested party. This provision also served on the housing.

§ 2. Spółdzielnia mieszkaniowa is liable for damage caused by activities that allow the disposal of rights referred to in § 1.

Article. 7524. [receivership] § 1. Receivership established over the business or farm obowiązanego or bet in the composition of an undertaking or of part of it or of part of a holding shall be carried out according to the provisions of the Executive Board in the course of the execution of real estate.

§ 11. The administrator establishes the court issuing the order to grant security. Provision for the establishment of the trustee is also the basis for the introduction of it in the Board without the need to give him the enforceability. The Manager may not be required.

§ 2. In the course of the performance of the Board, the Court may, with the consent of the rightholder and obowiązanego, allow for the execution of the Board of Directors in a different way.

§ 3. With the consent of the obowiązanego the Court decides that the income received from the Board will be designed to meet the approved. Such consent is not required in the cases referred to in article 1. 753. 7531. 754. When issuing an order for transfer of income to meet an eligible, the Court shall determine the amount for which the creditor must be met if the amount has not been specified in the provision of collateral.

§ 4. If you agree to meet the holder of income earned by the Board of Directors, the provisions of article 4. 7532 shall apply mutatis mutandis.

§ 5. In the cases referred to in § 2-4, the Court shall order issuing a freezing order.

Article. 7525. [invalidity of legal acts] acts obowiązanego on assets subject to receivership taken after the establishment of the Board of Directors shall be null and void. For the determination of the time of the effects of the establishment of the Board of Directors. 910 shall apply mutatis mutandis.

Article. 7526. [Direct the execution of the components of the property covered by the receivership] § 1. In the event of enforcement referrals to the components of the property covered by the receivership proceedings are conducted by further provisions on the receivership. The provisions of article 4. 10644. 106,410 shall apply mutatis mutandis.

§ 2. If to the company or the holding covered by the Board established in the proceeding were security enforcement by sale of the company or holding, provision of art. 106,414 shall apply mutatis mutandis.

Article. 753. [Obligation to pay a sum of money], § 1. In cases of child support security may rely on obowiązanego commitment to pay the holder a lump sum or periodically specified sum of money. In these cases the Foundation of security is only prima facie evidence of the existence of the claim.

§ 2. In the cases referred to in § 1 the Court of its own motion shall be served to the parties a copy of the freezing order.

Article. 7531. [the application of the provisions of the Act], § 1. The recipe article. 753 shall apply mutatis mutandis to the protection of claims: 1) pension, the amount needed for medical expenses, liability for personal injury or loss of life or health and upset the host to change the powers covered by the content of a life sentence on a lifetime pension.

2) remuneration for work;

3) warranty claims or guarantees of quality, or liquidated damages, as well as outstanding non-conformity of the goods with the contract, non-consumer sales, against a trader up to twenty thousand dollars;

4) outstanding tenancy or lease as well as receivables in the form of fees charged to the tenant or tenant and fees for use of a dwelling or utility-to the extent referred to in point 3;

5) damages resulting from an infringement of the protection of the environment;

6) (repealed);

7) (repealed);

8) remuneration rights of creators of inventive design;

9) the granting of State compensation to victims of certain offences, in part to cover necessary medical expenses, rehabilitation or funeral.

§ 2. In the cases referred to in § 1, with the exception of the cases referred to in paragraph 9, the Court grants the security after the hearing. Dismiss the application for security is likely to occur in private session. Article 5(1). 749 shall not apply.

§ 3. In the cases referred to in § 1, points 1, 2 and 9 to provide the security required is not prima facie evidence of legal interest.

Article. 7532. [judgment in private session] in the cases referred to in article 1. 753. 7531, if the person obliged to consider the claim, judgment of zasądzający service in niezaspokojonym may be released on the closed session.

Article. 754. [Protection of future maintenance claims] the Court may, even before the birth of a child to secure future claims related to the determination of paternity, referred to in article 1. 141. 142 of the code of family and caring for obowiązanego commitment to plunk down the appropriate sum of the cost of maintenance of the mother for three months during childbirth and for the maintenance of the child for the first three months after birth. In these cases the time limit for bringing a court action shall be three months from the day of birth of a child. Order of the Court after the hearing. The provisions of article 4. 733. 7532 shall apply mutatis mutandis.

Article. 7541. [the collapse of security] § 1. If special provision provides otherwise or where the Court otherwise decides, the security given under the provisions of this title shall lapse after the expiry of one month from the date of the judgment to take account of the claim, which was subject to freezing.

§ 2. In cases where the security has been granted pursuant to article 4. 747 point 1 or 6, security falls, if within two weeks of taking into account the judgment has become final, the claim is not brought for further execution.

§ 3. At the request of the obowiązanego the Court shall issue an order stating the collapse of security.



TITLE III Other security accidents Art. 755. [For security] § 1. If the collateral is not a monetary claim, the Court shall provide security in such a way that according to the circumstances considers appropriate, including ways for securing monetary claims. In particular, the Court may: 1) standardize the rights and obligations of the parties or a party to the proceedings for the duration of the proceedings;

2) to establish a ban on the sale of items or rights concerned;

3) stay the enforcement proceedings or other proceedings intended to comply with the judgment;

4) adjust the way roztoczenia custody of minor children and contact with the child;

5) require you to type the appropriate warnings in the land register or in the appropriate register.


§ 2. In matters of protection of the personal security of the prohibition of the publication may be granted only if not precludes an important public interest. By providing security, the Court determines the duration of the ban, which may not be longer than one year. If the investigation is in progress, entitled may before expiry of the period for which the publication ban has been ordered, require further security; the provisions of the first sentence and the second applies. If requested further security, the publication ban remains in effect until a final settlement of the claim.

§ 21. Article 5(1). 731 shall not apply where the security is necessary to ward off the looming damage or other adverse effects for the approved.

§ 3. The Court shall order obowiązanemu issued a private session in which he instructs the execution or omission of acts or nieprzeszkadzanie operation of the entitled party. This does not apply to the provisions of the decisions ordering the release of things which are in the possession of obowiązanego.

Article. 756. [the decision to issue items] in cases of divorce, legal separation and marriage annulment, the Court may also decide to grant the spouse opuszczającemu apartment occupied jointly by the spouses, needed him.

Article. 7561. [Decisions on security matters concerning custody of minors and contacts with the child] in matters relating to the custody of minor children and contacts with the child the Court on security after the hearing, unless the case making.

Article. 7562. [the threat of order for payment for an eligible] § 1. Having regard to the proposal for the settlement of: 1) relationship for the duration of the proceedings, 2) ways of contacts with the child, 3) how to roztoczenia custody of a minor child in the way that the child will live with each parent in repeated periods, the Court, on the application of any interested party may, in order to grant a security compromise obowiązanemu nakazaniem pay a specified sum of money to the rightholder in the event of a breach of the obligations laid down in this provision.

§ 2. The provisions of article 4. 10501. 10511, (a) If a security is to settle how to contact with the child or determining that the child will live with each parent in repeated periods-recipe article. 5821 § 3 shall apply by analogy.

Article. 757. [the collapse of security] If special provision provides otherwise or the Court otherwise decides, the security given under the provisions of this title shall lapse after the expiry of one month from the date of the judgment to take account of the claim, which was subject to freezing. At the request of the obowiązanego where the Court makes an order declaring the collapse of security.



PART THREE, title I, General provisions, ENFORCEMENT PROCEEDINGS and Enforcement Authorities, their property and the proceedings in the General Article. 758. property [kind] enforcement Matters belong to the district courts and acting at these courts, bailiffs.

Article. 759. [execution] § 1. Enforcement activities are carried out by bailiffs with the exception of the actions reserved for the courts.

§ 2. The Court may of its own motion issue bailiff orders intended to ensure the sound implementation and enforcement spostrzeżone misconduct.

Article. 7591. [the right to choose a bailiff] the provisions of this Code concerning jurisdiction without prejudice to the choice of law bailiffs the bailiff as specified in separate regulations.

Article. 760. [a form of proposals and statements] § 1. Conclusions and statements in enforcement proceedings is made up or in writing, or orally to the Protocol.

§ 2. Where under the provisions of this code, there is a need to listen to the parties, the hearing shall take place according to the circumstances, or make a protocol in the presence or absence of the other party, or by a statement by the parties in writing.

Article. 7601. [information] at the request of a creditor whose claim is identified with the title of Executive or enforcement, enforcement authority, which carries out the execution, or who is competent to conduct according to the provisions of the code, provide information, or against the debtor is carried out by the enforcement authority of enforcement proceedings and, if so, shall inform him of the applicable methods of execution and of enforced claims, as well as on the current state of the case.

Article. 761. [submission of explanations and information] section 1. Enforcement authority may require the party to the proceedings be heard and seek from public administrations, bodies carrying out the tasks of public administration, the tax authorities, bodies, cooperative banks, credit unions, brokerage firms, housing authorities, housing communities, boards and other entities managing residential and commercial premises, as well as other institutions and persons not participating in the proceedings of the information necessary to carry out the execution.

§ 2. The implementation of such requests can be set aside in so far as under the provisions of the first part of the code you can refuse production of a document or to give evidence as a witness or answers the question.

§ 3. The debtor, who was informed of the initiation of the execution, is obliged to inform the enforcement authority within 7 days of any change in the place of his stay, which lasted more than one month. To this, and of the consequences of his neglect of debtor notice by lectures him about the initiation of the execution.

Article. 762. [Fine], § 1. For an unjustified refusal to grant egzekucyjnemu authority explanations or information provided for in article 3. 761 either information or clarifications knowingly false responsible person may be at the request of a creditor or of its own motion being punished by the enforcement authority fined two thousand. A fine can also be punished with a debtor who fails in their obligation to notify the change of the place of your stay.

§ 2. If a request to provide clarifications or information addressed to a legal person or other organization, penalise those fined subject to its responsible for giving explanations or information, and if they determine that the employee was hampered, penalise those subject to its leader. Before the provisions of the enforcement authority will listen to the Manager.

§ 3. The extract of the enforcement authority fined to punish the person served no 1535, parties and the Prosecutor.

§ 4. (repealed).

§ 5. The prosecution by the enforcement authority fined does not absolve the people punished from criminal liability for breach or overstepping their duties.

Article. 7621. [the proceedings in relation to the soldier] in the event of misconduct by a soldier in active military service obligations referred to in article 1. 762 § 1 and § 2, the bailiff, rather than punish the soldier fined, the Commander of the military unit in which the soldier serving for pulling him liable to disciplinary action.

Article. 763. [notice] shall notify the Bailiff of each of the activities, for which the date has not been notified and which was not present, and on request provide clarification about the status of the case.

Article. 764. [the proceedings in the case of hindering the activities of bailiff] bailiff may admonish, and after unsuccessful reminder expel a person who behaves inappropriately or disturbs its operation. In the case of failure to comply with the request for the expulsion of the space activities of bailiff may punish such person to a fine of up to a thousand dollars.

Article. 765. [help competent authorities] § 1. In the event of resistance, the bailiff may request the assistance of the police authorities. If the resistance puts military person, call the assistance of the competent authority, unless the delay threatens to udaremnieniem, and the place has no military authority.

§ 2. How to assist the bailiff in carrying out enforcement actions, the cases in which the bailiff should be granted aid, practice, presence of the aid application, the manner of its implementation, and how to document the actions and their costs, determines by regulation: 1) the proper minister of the Interior in consultation with the Minister of Justice,-in the case of the provision of assistance by the police or border guards;

2) Minister of national defence in consultation with the Minister of Justice,-in the case of the provision of assistance by the Military Counterintelligence, military intelligence, military police or military authorities of the order;

3) the Prime Minister in the case of the provision of assistance by the Agency of internal security or Intelligence Agency.

§ 3. In the regulation referred to in paragraph 2, account should be taken of the security guarantee of the bailiff and the party to the proceedings, respect for the dignity of persons involved in enforcement activities, appropriate time limits for determining the activities and presence of the aid application, the coverage of the course documentation and participate in them assistance officers and bodies, on which the Bill shall be submitted to the cost of classified duties.

Article. 766. [Meeting of the Court], the Court recognizes the enforcement cases in private session, unless there is a need for the designation of a hearing or opportunity to be heard at the meeting of the parties or other persons. In those cases where the Court makes a decision in the form of provisions.


Article. 767. [action on the actions of the bailiff] § 1. The actions of the bailiff is entitled to complain to the District Court, where the law provides otherwise. This also applies to the omission by the bailiff to the steps. To hear complaints about the activities of the court bailiff, the bailiff operates. If to conduct executions was elected bailiff in addition to the overall complaint recognizes the Court which would be competent according to the General rules.

§ 2. The complaint may make a party or another person whose rights were by acts or omission of the bailiff infringed or threatened.

§ 3. Action on the activity of the bailiff should do comply with the requirements of pleading and contested the action or the action which has been deprecated, as well as the application for amendment, revocation or to actions and the reasons for it.

§ 4. The action shall be brought before a court within a period of one week from the date of the Act, where a party or a person whose right has been infringed or threatened by the bailiff's activity by was by steps present or was her date notified, in other cases-from the date of notification of the actions of a party or of the person whose right has been infringed or threatened by the bailiff's activities by and in the absence of notification, from knowing by the complainant of the made activities. A complaint about the bailiff's failure to act shall be lodged within a period of one week from the date on which the action should be performed. A copy of the complaint, the Court shall send to the bailiff, who within three days in writing shall be made to the justification of the contested act or the reasons for its omissions and transmit them along with the acts of the case to the Court, to which a complaint has been lodged, unless the complaint in its entirety, account shall be taken, which shall notify the Court and the complainant and that consideration of the complaint.

Article. 7671. (repealed).

Article. 7672. [Recognize complaints] § 1. The Court recognizes the complaint within one week from the date of its impact, and when the complaint shall contain formal deficiencies, which are subject to addition, within one week of its complement.

§ 2. Complaint shall not prevent enforcement proceedings or execution of the contested act, unless the Court suspend proceedings or will to act.

Article. 7673. [rejection of complaint] Court rejects a complaint to have been brought after the expiry of the prescribed time limit unpaid or for other reasons, as well as the fact that the complaint to which the deficiencies not compensated in time, unless it considers that there are grounds for action on the basis of article. 759 § 2. On order of the Court to reject complaint is a complaint.

Article. 7673a [action on the order of the clerk of the Court] on the order of the clerk of the Court shall be entitled to the action. Litigation does not result in the loss of power by the contested provision. The Court rules as a Court of second instance, applying the provisions of the complaint. Recognizing the complaint, the Court makes the order in which the contested provision, the clerk keeps in force or changes.

Article. 7674. [Complaint], § 1. The complaint on order of the Court shall be entitled, in cases specified in the Act.

§ 2. On order of the Court of second instance issued after cassation complaint not entitled.

§ 3. In matters of enforcement action for a finding of illegality is not a final judgment.

Article. 768. [to settle the complaint] a complaint on the order of a bailiff of court hearing after the resolved fine no 1535, which called on the parties and the person ukaraną. A court hearing shall inform the Prosecutor. On order of the Court shall be entitled to appeal.

Article. 7681. [execution of the final provisions of the bailiff to penalise those fined] a final order of a bailiff to penalise those fined shall be enforced by judicial executions without supplying it in a clause.

Article. 769 (expired).

Article. 770. [reimbursement of execution] the debtor should pay the creditor the costs necessary to deliberate conduct. The cost of downloading with egzekwowanym claim. The cost of the execution shall be determined by the auctioneer, if the conduct of enforcement belongs to him. On order of the Court shall be entitled to appeal to the parties and to the bailiff.

Article. 7701 [execute] a final order of a bailiff on the costs shall be enforced after the final without having to procure it in a clause.

Article. 771. [exemption from court costs] exemption from court costs awarded by a court in the investigative proceedings page or from which the site uses under the Act, extends also to the enforcement proceedings.

Article. 772. (repealed).

Article. 773. [suspension of enforcement operations], § 1. In the case of overlapping administrative and judicial enforcement of what the same thing or property rights, administrative enforcement authority and the bailiff suspend execution at the request of the creditor, debtor or of its own motion and shall provide administrative and judicial enforcement enforcement files District Court in whose jurisdiction enforcement proceedings have been initiated, in order to resolve that enforcement authority-administrative or judicial – has further lead in for the authority concerned including executions of this thing or property rights to which there has been a combination of enforcement. The Court makes the order within 14 days, taking into consideration the status of each of the enforcement proceedings, and if they are equally advanced, the amount of import duties and enforced the order in which they meet, subject to § 2, 21 and 21a. At the same time the Court decides what already made execution shall remain in force.

§ 11. The provision referred to in paragraph 1 may issue also legal Secretary Court.

§ 2. If the executions are carried out in order to achieve registration of a lien or tax enforcement enforcement authority takes over the running of the total charge that meet priority, subject to section 21 and 21a.

§ 21. If the judicial execution shall be carried out on the basis of title, referred to in article 1. § 4, 783 total keeping execution takes the bailiff.

§ 21a. In the case of overlapping of administrative execution carried out on the basis of a uniform enforcement of a Member State or a foreign enforcement referred to in the provisions of the law of 11 October 2013, on mutual assistance in the investigation of taxes, customs duties and other charges (OJ poz. 1289) and judicial executions for the same thing or property law-enforcement conduct combined with this thing or property rights to which there has been a combination of enforcement, takes over the administrative enforcement authority. The provision of § 21 shall not apply.

§ 22. If a court or legal Secretary court decides that both executions takes the lead, including administrative enforcement authority, the bailiff before administrative act egzekucyjnemu body settles the costs of execution, will return to the creditor remains unused advances and record on implementing existing enforcement costs of the height of the title, and the extent to which the creditor has been met.

§ 3. In the event of further enforcement of fugitives to the same things or rights to matrimonial property, the total driving execution takes enforcement authority designated at the first junction.

§ 4. Action on the order of the clerk of the Court shall be entitled to the parties and the administrative authority of the egzekucyjnemu. On order of the Court to the parties and the administrative authority of the egzekucyjnemu shall be entitled to appeal.

Article. 7731. [Overlapping execution] § 1. In the case of the confluence of the execution for the same things, of claims or rights, further enforcement officer leads a competent according to the provisions of this code.

§ 2. If none of the bailiffs is not appropriate under the provisions of this code or relevant is several bailiffs, the bailiff, who later opened the execution, shall refer the matter without delay to the bailiff, who first initiated the execution, which shall notify the creditor.

§ 3. Passing a case the bailiff is obliged to settle the costs of enforcement.

§ 4. The bailiff, who finds his decline in order to refer the matter in accordance with the bailiff indicates the property line, to which the matter shall be referred to the. If, in the region, to which the matter shall be referred, does more than one bailiff, delivering a copy of the provisions to the effect at the same time, the bailiff to decline calls on creditor, to within 7 days of the service of the summons pointed to a bailiff to whom the case has been referred to. If the creditor in the above time limit shall not make a choice or indicates the bailiff, who is not competent, the bailiff shall refer the matter of your choice. The choice of the bailiff of the debtor is not entitled to claim territory proper.

Article. 7732. [Further enforcement] § 1. If, on the basis of one enforcement officer carries out executions of two or more things or rights, and the combination of enforcement applies only to some of them and on the basis of article. 773 § 1 to the overall conduct of the execution was appointed the administrative authority for the case passed from Office seems to furnish further enforcement, indicating that it constitutes a basis for the further conduct of the administrative enforcement authority. The recipe article. 793 shall apply mutatis mutandis. Where a provision referred to in article 2. 773 § 1, issued by the Court, he may spend a further enforcement.

§ 2. If execution referred to in paragraph 1, shall be carried out on the basis of enforcement issued on the basis of non-enforcement of court which will rule on the confluence of the execution, enforcement shall be issued upon submission of enforcement by the creditor.


Article. 7733 [Edition copy of enforcement] in the case of the takeover of the conduct of the execution on the basis of article. 773 § 21a, bailiff, it seems to the case transmitted a copy of the egzekucyjnemu authority to the administrative enforcement, indicating that it provides the basis to continue execution by the authority. If the judicial execution shall be carried out on the basis of title, referred to in article 1. 783 § 4, a copy of the enforcement form verified by a bailiff of the document referred to in article 2. 797 § 3.

Article. 774. [the costs of] authority, which took over the running of the administrative and judicial enforcement of the total further, decides, for him, is also about the cost of enforcement activities by the other before judicial enforcement authority, even if these are not maintained.

Article. 775. [exclusion of application of the provisions of the Act], the provisions of article 4. 773. 774 do not apply in the event of overlapping administrative and judicial enforcement of the security, as well as the confluence of the administrative security from being executed, with the exception of the cases provided for in article 3. 751. 7751. [the prohibition to refuse other requests] the bailiff, who accepted the request for the initiation of enforcement, to conduct which is not appropriate under the provisions of this code, it may not refuse to accept other requests for levy of execution against the same debtor, if then the creditors seek to carry out executions according to the same way as prior creditors.



TITLE II enforcement orders and feasibility clause Art. 776. [the basis for execution] the basis for the execution of the Executive title. The title is Executive enforcement provided in the feasibility of a clause, unless the law provides otherwise.

Article. 7761. [the debtor the remainder married] § 1. Enforceable title issued against the debtor, while married is the basis to conduct the execution not only of the personal property of the debtor, but also from the downloaded by him remuneration for work or income derived from any other income-generating activities by him and of the benefits derived from its copyright and related rights, industrial property rights and other rights of the creators.

§ 2. The conclusion of the agreement, marital property which extended the commonality of loss, does not exclude carrying out executions of those assets, which would have been due to the personal property of the debtor, if there is no such agreement.

§ 3. The provision of § 2 does not exclude the defense of the debtor and his or her spouse in the way przeciwegzekucyjnych actions if the Agreement Prenuptial was effective to the creditor.

§ 4. The provisions of § 1-3 shall apply mutatis mutandis where the attachment is carried out on the basis of the same enforcement.

Article. 777. the [enforcement] § 1. Be enforceable are: 1) the decision of the Court of final or subject to immediate implementation, as well as the settlement concluded before the Court;

11) judgment of the court clerk of the final or subject to immediate execution;

2) (repealed);

21) (repealed);

3) other judgments, settlements and acts which by virtue of the law shall be enforceable by execution of judicial review;

4) the notarial deed, in which the debtor has surrendered and that includes the obligation to pay a sum of money or things that are marked as to species, in an act of, or release of things individually marked, if in the indicated performance obligation or event, from which it is subject;

5) the notarial deed, in which the debtor has surrendered and that includes the obligation to pay a sum of money to a height in the Act of simply the specified or determined by using the waloryzacyjnej clause, when in the indicated event from which shall be subject to compliance with the obligation, as well as the date by which the creditor may apply for ago Act of enforceability;

6) notarial deed as specified in section 4 or 5, in which the debtor is not the person whose personal thing, claim or right is subject to the mortgage or lien, followed the execution of the laden subject to monetary claims attributable to personalize a creditor.

§ 2. The debtor's statement about being subjected to execution may be made in a separate notarial act.

§ 3. (repealed).

Article. 778. [the attachment of the assets of the shareholders] to the execution of the joint assets of the shareholders of the company of civil law enforcement is issued against all shareholders.

Article. 7781. [enforcement order issued against a company] Title egzekucyjnemu rendered against the company public, company, partnership or a limited partnership company Pennsylvania stock Court gives feasibility clause against shareholder ponoszącemu responsibility without limitation all its assets for the company's obligations, if executed against a company proves to be ineffective, as well as when it is clear that enforcement would be ineffectual.

Article. 779. [Execution of decline] § 1. To the execution of the decline is necessary-until the distribution of the estate is enforceable against all the heirs.

§ 2. If the title was released against a decedent, the transition of responsibilities to the heirs follows pursuant to article 18. 788. 780. [Execution of property subjected to custody] If an established material mass, or guardian, or if the drop cited the contractor, to the execution of property under their custody is necessary enforcement issued against these people. The provision of § 2 of the preceding article shall apply mutatis mutandis.

Article. 781. [jurisdiction], § 1. Title egzekucyjnemu coming from the Court gives the Court of first instance, the feasibility of the clause in which the case is pending. The Court of second instance is suitable, as long as the files of the case to this Court; However, this does not apply to the Supreme Court.

§ 11. Enforcement titles referred to in article 1. 777 § 1 para 1, 11, 3-6 and § 3 [18], the feasibility of the clause may also give legal Secretary of the Court, with the exception of the cases referred to in article 1. 7781, 787, 788, 789, 7871.

§ 12. The title referred to in article egzekucyjnemu. § 4, 783 feasibility clause, in the cases referred to in article 1. 7781, 787, 788, 7871 and 789, the District Court of general jurisdiction of the debtor.

§ 13. The request for the Declaration of enforceability, referred to in section 12, shall be accompanied by a document obtained from informatics system enabling the Court to verify the existence and the content of the title. Before the diagnosis of an application the existence and content of the enforcement is subject to verification by the judge or the clerk of the Court in the telecommunications system.

§ 2. Enforcement titles derived from the Administrative Court and the other titles of the feasibility of general jurisdiction District Court gives the clause. If this property cannot determine the clause gives the District Court within whose area is to be initiated enforcement, and when the creditor intends to initiate enforcement abroad is the District Court in whose jurisdiction the title was done.

§ 3. (repealed).

§ 31. (repealed).

§ 4. (repealed).

Article. 7811. [request for a declaration of enforceability] request for a declaration of enforceability, the Court recognizes immediately, but not later than within 3 days from the date of its submission.

Article. 782. [Declaration of enforceability] § 1. The feasibility of the clause gives the Court jednoosobowo at the request of the creditor. The title rendered in proceedings which have been or may be initiated ex officio, the Court gives ex-officio the enforceability clause.

§ 2. Payment warrant in debt collection proceedings e-suited ex-officio the enforceability clause immediately after his final.

Article. 783. [wording] § 1. Order to grant enforceability lists also enforcement and, if necessary, means the provision enforceable and the extent of executions and indicates whether the judgment shall be enforceable as final or as immediately doable. If special provision provides otherwise, the title egzekucyjnemu opiewającemu for the provision of cash in foreign currency, the Court will give the bailiff's obligation to the feasibility of a clause of this amount into the currency of Poland according to the average rate of foreign currency as announced by the Polish National Bank on the date of the draft terms of Division, if not sharing plan shall be drawn up on payday the amount the creditor.

§ 11. Immediately after the announcement of the granting of enforceability, and when the notice was not immediately after its release, the feasibility of a clause shall be placed on the enforcement title and, in the cases referred to in article 1. 781 § 12, verified by a court document obtained from informatics system confirming the existence and content of the enforcement order. The feasibility of a clause stipulates that the enforcement to the enforcement and, if necessary, is also indicated in § 1. The feasibility of the clause shall be signed by the judge or by the Court.

§ 2. The Minister of Justice shall determine, by regulation, be replaced by the enforceability, in view of the content of the § 1 and 11 and the smooth conduct of execution, and to provide for the possibility of defending the rights of its participants.

§ 3. Order to grant enforceability enforcement titles referred to in article 1. 777 § 1 paragraphs 1 and 11, is issued without a separate inventory of quotes, by placing on the enforcement title enforceability and affixing her signature of judge or clerk of the Court, that it seems. The original judgment shall contain the mention of the grant clause.


§ 4. If the enforcement is a judgment in debt collection proceedings, electronic, order to grant enforceability is issued without a separate inventory of quotes, by placing the enforceability in the telecommunications system and the classification of its electronic signature of judge or clerk of the Court, that it seems.

§ 41. The provisions of sections 3 and 4 shall not apply in the cases referred to in article 1. 7781. 787. 7871. 788. 789. § 5. Minister of Justice in consultation with the Minister competent for information shall determine, by regulation, the actions of the Court associated with assigning enforceability, referred to in § 4, and how to store and use the titles of regulations referred to in paragraph 4, taking into account the need to speed up and streamline the procedure and ensure sufficient safety of use of electronic titles.

Article. 784. [title from the administration or a specialised court] for enforceability of title from the State administration body or a specialised court, which itself is not a clause, a creditor submits to the Court if necessary, but the title of the certificate of title shall be enforced.

Article. 785. [documents] Where to obtain a certificate or document is needed, enforceability, which according to the law the public authorities shall give the debtor, the creditor may also require their release. When a creditor cannot obtain a certificate or document or when it comes to giving a clause of its own motion, issue their manages the Court.

Article. 786. [Execution enforcement] § 1. If enforcement is subject to events that prove the creditor should the court give feasibility clause once proof of this event in the form of an official or private document with the signature of officially certified. This does not apply to cases where the execution is dependent on simultaneous mutual benefits, unless the performance of the debtor consists in a statement.

§ 2. If the obligation to pay compensation imposed in the decision restores or established in the settlement depends on the employee's work, the feasibility of the clause in the section on this salary is suitable when satisfied that an employee has taken a job.

Article. 7861. (repealed).

Article. 7862. (repealed).

Article. 787. [feasibility Clause against a spouse] Title egzekucyjnemu rendered against a person remaining in the marriage, the Court will give a clause the feasibility of also against her spouse with the limitation of his liability to the property covered by the wspólnością property, if the creditor shows the official document or private that established enforcement claim arising from legal action will be made with the consent of the spouse of the debtor.

Article. 7871. [spouse feasibility Clause the debtor] Title egzekucyjnemu rendered against a person remaining in the marriage, the Court will give the debtor's spouse feasibility clause limiting its liability to the company part of the common property of the spouses, if the creditor shows the official document or private enforcement found that a claim has been established in connection with the operation of the company.

Article. 7872. [matrimonial property contract] shall not preclude the marital property agreement to give enforceability under the provisions of article 3. 787. 7871 and conduct based so the resultant enforcement of execution to those ingredients that would have been due to the assets if there is no material contracts. This provision does not exclude the spouses defense by przeciwegzekucyjnych actions if the Agreement Prenuptial was effective to the creditor.

Article. 788. [Clause for the benefit of other persons] § 1. If the entitlement or obligation after the enforcement, or in the course of the case prior to the issuance of the title passed on to another person, the Court will give a clause for feasibility or against that person, where it will be shown in the official document or private officially signed and stamped.

§ 2. For the transition of powers or duties, as referred to in the preceding paragraph shall also be changes in the law to dispose of the property caused by the establishment of a non-administrator, guardian or executor, as well as the expiry date of the function.

Article. 789. [the purchaser of the company or the farm] Provision of § 1 of the preceding article shall apply mutatis mutandis to the purchaser of the company or the holding, if the enforcement order has become final prior to the acquisition.

Article. 7891. [Hearing the purchaser] if the creditor cannot obtain a document disposal firm or farm or if obtaining such a document was overly complicated, its enforceability will listen to the buyer pursuant to article 18. 760 § 2. If the customer denies the existence of the bases to give enforceability against him, the Court at the request of the creditor, and in cases of child support payments or claims from the scope of labour law, also ex officio, invites the buyer to show documents acquisition. The provisions of wyjawieniu of property shall apply mutatis mutandis. In the event of the grant of the circumstances of the acquisition of an undertaking or of an agricultural holding, the Court will give a clause without feasibility presentation of document acquisition.

Article. 7892. [the Executive Title issued against the vendor companies or farm] § 1. Enforceable title issued against the vendor companies or farm is also the basis for execution against the purchaser of the company or the holding, if the creditor has made an application for the initiation of execution within one month from the date of acquisition of the business or farm.

§ 2. Provision of section 1 shall apply mutatis mutandis when the investiture took place as a result of the Division, merger or any other transformation of business or farm, or as a result of bringing to the company of an undertaking or of an organized part of the made in the commercialization and privatization of State enterprises.

§ 3. The provisions of § 1 and § 2 shall not prejudice the provisions on limitation of liability of the company to the purchaser or a farm for the obligations of the vendor.

Article. 790. (repealed).

Article. 791. [the Executive Title requiring to release property, a ship or for vacating the premises] § 1. Enforcement requiring to release property, a ship or to the empty premises to carry out the execution also against anyone who has obtained possession of the subject after the initiation of the proceeding, in which the enforcement order is issued.

§ 2. Enforcement requiring to release property, a ship or to the empty room to conduct enforcement not only against the debtor, but also against his home, relatives and other people representing their rights.

§ 3. The provisions of paragraph 1 and 2 shall not exclude the rights laid down the provisions for the protection of tenants and the rights that are effective against the creditor. If the debtor claims that the law is effective against the creditor, the bailiff stops relative to the enforcement operations, instructing that within the week may bring an action for deprivation in relation to the enforcement.

§ 4. (repealed).

§ 5. After the expiration of one month from the date of suspension of activities, the bailiff shall take further enforcement action in relation to the debtor, unless the enforcement was suspended by order of the Court to grant security.

Article. 792. [limited liability] If the successor shall be liable only with specific items or up to their values, in the feasibility of reserve the right in the course of enforcement proceedings relied on limited responsibility, in so far as this law is not reserved already in the title of the enforcement procedure.

Article. 793. [Further implementing titles], if necessary, carry out executions for a few people or against several persons, or of several components of the same part of the property of the debtor, the Court in addition to the first enforcement may issue further titles, indicating the purpose for which they are intended, and their ordinal number.

Article. 794. [Re-release enforcement] Re-release enforcement instead of lost may only occur under the court order, issued after the hearing. On again released the title of the regulations is made mention of the issue of it instead of the original title. In this proceeding the Court confined the study to the fact of losing the title.



Article. 7941. [Order to grant enforceability in the part concerning the reimbursement of the costs of the proceedings], § 1. Order to give enforceability in the part in which it has been granted to the creditor return costs of the procedure shall be enforced without the need to deliver it in a clause.

§ 2. In the event of a judgment to grant enforceability as specified in article 4. 783 § 3 or 4, the decision to grant the creditor to repay the costs of the proceedings shall be entered in the enforceability.



Article. 7942. [Service provisions issued in private session] § 1. Order issued for closed session only served on the creditor. Order to give enforceability, referred to in article 14(2). 783 § 4, are served in the manner provided for in article 4. 1311. § 2. In the event of a judgment to grant enforceability as specified in article 4. 783 § 3 or 4, the justification provisions shall be drawn up and served on the creditor, at his request, submitted within one week from the date of his enforcement or notification to him of the formation of the enforcement in the telecommunications system.


§ 3. The debtor may require the drawing up of the justification of the provisions to grant enforceability and service provision with the reasons within one week from the date of notification to him of a notice of the initiation of the execution. Where a provision to grant enforceability was given without a separate inventory order, the debtor shall serve exclusively the justification provisions.

Article. 795. [Complaint], § 1. On order of the Court as to give enforceability shall be entitled to appeal.

§ 2. The deadline for the lodging of complaints runs for the creditor from issuing him a title or a notice of it to set up enforcement in the ICT-based system or from the date of the notice provisions, and when an announcement was not-as from the date of notification of this decision. For the debtor, this period shall run from the date of notification to him of a notice of the initiation of the execution. If the request referred to in article 2. 7942 § 2 or 3, this time limit shall run from the date of delivery of the site or provision of the terms justification justification.

§ 3. The provision of § 2 shall apply mutatis mutandis to the period to bring an action on the order of the clerk of the Court.



SECTION IIa the European enforcement order certificate Article. 7951. [the European enforcement order certificate] § 1. If the enforcement order, in the form of a decision of the Court or a settlement approved by a court or concluded before a Court satisfies the conditions laid down in the provisions of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European enforcement order for uncontested claims (OJ l. The EU L 143 of 30.04.2004, p. 15, as amended. d.; Oj. Polish EU Special Edition, chap. 19, vol. 7, p. 38), hereinafter referred to as ' Regulation No 805/2004, the Court which delivered the judgment or before which it was concluded the settlement or who approved the settlement, at the request of the creditor, shall issue a certificate that they constitute a European enforcement order, hereinafter referred to as "the European enforcement order certificate.

§ 2. If a request for the issue of a certificate as a European enforcement order relates to another enforcement order than indicated in § 1, the subject of the application shall decide the District Court in whose jurisdiction the title was done.

Article. 7952. [the composition of the Court on the issue of the European title] Provision in relation to the issuing of a European enforcement order the Court composed of one judge.

Article. 7953. [the refusal of the European title] § 1. The refusal of issue of the certificate the European enforcement order shall be served only to the creditor.

§ 2. In order to refuse a EEO creditor shall be entitled to appeal. A copy of the complaint shall not be served on the debtor.

Article. 7954. [withdrawal of a European enforcement order] § 1. If it is found that there are specified in the provisions of Regulation (EC) No 805/2004 of the basis for the repeal of the EEO, the Court which issued them, at the request of the debtor, repeals this certificate.

§ 2. The request shall be filed within a time limit of one month from the date of notification of the debtor of the issue of the certificate.

§ 3. If the application is not drawn up on the form specified in the provisions of Regulation (EC) No 805/2004, should do comply with the terms of the pleading and indicate the circumstances justifying the request.

§ 4. Before revoking a certificate, the Court will listen to the creditor.

§ 5. The provision in relation to the repeal of the EEO complaint qualify.

Article. 7955. [the appropriate application of the provisions of] § 1. The provisions of article 4. 7951. 7952 shall apply mutatis mutandis to the issue as provided in the rules of Regulation No 805/2004 of the loss or reduce the feasibility of enforcement by the European enforcement order certificate. The request for the issue of such certificate may also deposit the debtor.

§ 2. The provision on the issue of the certificate referred to in paragraph 1, shall be entitled to appeal.



SECTION IIb Declaration of enforceability of the European order for payment Art. 7956. [Declaration of enforceability of the European order for payment] § 1. The Court which issued the European order for payment, from the Office of its enforceability, if they have met the conditions set out in the provisions of Regulation (EC) no 1896/2006.

§ 2. The order can be issued also by the Court.

Article. 7957. [Complaint] in the order in relation to the Declaration of enforceability shall be entitled to appeal.



DEPARTMENT of IIc certificate concerning a judgment in the European small claims procedure Article. 7958. [certificate concerning a judgment in the European small claims procedure] § 1. Court which delivered the judgment in the European small claims procedure, it seems at the request of the certificate concerning this decision, referred to in the provisions of Regulation (EC) no 861/2007, subject to the conditions set out in this regulation.

§ 2. The order can be issued also by the Court.

Article. 7959. [Complaint] in the order in relation to the issue of the certificate shall be entitled to appeal.



IId DEPARTMENT Certificate concerning judgments, settlements and other enforceable instruments in civil and commercial matters Art. 79510 [a certificate for the purposes of the recognition or execution of a judgment, settlement and title], § 1. If a judgment within the scope of application of the regulation of the European Parliament and of the Council (EU) no 1215/2012 of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (OJ l. The EU L 351 of 20.12.2012, p. 1, as amended. d.), hereinafter referred to as "Regulation (EC) no 1215/2012", satisfies the conditions laid down in this regulation, the Court which issued them, it appears at the request of the certificate for the recognition or enforcement of a judgment given in another Member State of the European Union, as set out in the regulation.

§ 2. If the agreement falls within the scope of application of Regulation (EC) no 1215/2012 fulfils the conditions laid down in this regulation, the Court before which the contents of a settlement or that it has approved, it appears on the request a certificate for the purposes of the implementation of the settlement agreement in another Member State of the European Union, as set out in the regulation.

§ 3. If different enforcement than specified in § 1 or 2 falls within the scope of Regulation (EC) no 1215/2012 fulfils the conditions laid down in this regulation, the District Court in whose jurisdiction the done in the title, it appears on the request a certificate for the purposes of the implementation of this title in another Member State of the European Union, as set out in the regulation.

§ 4. The order can be issued also by the Court.

Article. 79511. [Complaint to resolve on the issue of the certificate] in the order in relation to the issue of the certificate shall be entitled to appeal.



IIe DIVISION of extracts from judgments, settlements and other enforceable instruments in maintenance matters Art. 79512. [an extract from the judgment, settlement and title], § 1. If a judgment within the scope of application of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ. The EU L 7 from 01/10/2009, p. 1, as amended. d.), hereinafter referred to as "Regulation (EC) No 4/2009", satisfies the conditions laid down in this regulation, the Court which issued them, apparently at the request of the extract from the decision referred to in the regulation for the recognition or enforcement in another Member State of the European Union.

§ 2. If the agreement falls within the scope of application of Regulation (EC) No 4/2009 meets the conditions laid down in this regulation, the Court before which the contents of a settlement or that it has approved, it appears at the request of an extract of the agreement specified in the regulation for the implementation of the settlement agreement in another Member State of the European Union.

§ 3. If different enforcement than specified in § 1 or 2 falls within the scope of Regulation (EC) No 4/2009 meets the conditions laid down in this regulation, to the District Court within whose area is drawn up in the title, it seems, at the request of extract specified in the regulation for the implementation of title in another Member State of the European Union.

§ 4. The order can be issued also by the Court.

Article. 79513. [complaint for refusal to issue an extract of the applicant] on the refusal to issue an extract of the applicant shall be entitled to appeal. A copy of the complaint shall not be served on the opponent.



The IIf DEPARTMENT a certificate concerning judgments involving civil protection Article. 79514. [entity issuing the certificate concerning judgments involving security measures] if a judgment involving a means of protection in the scope of European Parliament and Council Regulation (EU) no 606/2013 of 12 June 2013 on the mutual recognition of security measures in civil matters (OJ. The EU L 181 of 29.06.2013, p. 4), hereinafter referred to as "Regulation (EC) no 606/2013", satisfies the conditions laid down in this regulation, the Court which issued the decision, it appears at the request of the person covered by the protection of the certificate set out in the regulation for the recognition or enforcement of a judgment given in another Member State of the European Union.

Article. 79515. [complaint for refusal of issue of the certificate of the applicant] on the refusal to issue a certificate of the applicant shall be entitled to appeal. A copy of the complaint shall not be served on the opponent.

Article. 79516. [request for waiver certificate] § 1. If it is found that there is referred to in Regulation (EC) no 606/2013 basis to set aside the certificate, the Court which issued them, at the request of a party or of its own motion to quash a certificate.

§ 2. The request shall be submitted within one month from the date of notification of the issue of the certificate.


§ 3. The proposal should be pleading and indicate the circumstances justifying the waiver certificate.

§ 4. Before revoking a certificate, the Court shall hear the person under protection, unless it is the applicant.

§ 5. The provision in relation to the repeal of certificate shall be entitled to appeal.

Article. 79517. [the application of the provisions of the Act], § 1. The recipe article. 79514 shall apply mutatis mutandis to the issue referred to in Regulation (EC) no 606/2013 certificates confirming the suspension, limitation or repeal the measure.

§ 2. The provision on the issue of the certificate referred to in paragraph 1, shall be entitled to appeal.



SECTION III, levy of execution and other execution Article. 796. [request for enforcement] § 1. The application of the levy of execution shall be composed according to the properties of the Court or bailiff.

§ 2. In matters, which may be initiated ex officio, the attachment may be initiated ex officio at the request of the Court of first instance, which recognize the case to the competent court or bailiff.

§ 3. The attachment may also be initiated at the request of the authority.

Article. 797. [the proposal], § 1. In the request or the demand of carrying out executions from the Office shall indicate the service, which is to be met, and the manner of execution. The application or request shall be accompanied by the title.

§ 2. The application of the levy of execution on the basis of title, referred to in article 1. 783 § 4, may be made to the bailiff for the informatics system that supports electronic online proceedings.

§ 3. If the basis for the execution of the Executive title is referred to in article 2. § 4, 783 to request or requests to carry out the execution of the Office shall be accompanied by a document obtained from the informatics system that allows verification of the egzekucyjnemu authority of the existence and content of this title, and, in the case of initiation of enforcement proceedings by electronic means shall be indicated in the title.

§ 4. Opening the execution on the basis of title, referred to in article 1. 783 § 4, the bailiff is obliged to verify the content presented him a document obtained from the informatics system and selection in fact carrying out executions on the basis of this title.

§ 5. Whenever the law is made to presentation (presentation, joining, receipt or deposit) enforcement, and this title is the title of an Executive referred to in article 2. 783 § 4, you must submit a revised document by the bailiff, as referred to in § 3. If the enforcement is to be filed in proceedings conducted by the Court or bailiff enough deposit of the document obtained from informatics system. The provision of § 4 shall apply mutatis mutandis.

Article. 7971. [Seeking debtor] creditor may instruct the bailiff seeking for remuneration debtor.

Article. 798 [Choice of benefits] If the debtor is entitled to choose between benefits to be satisfied, and the choice is not yet made, the bailiff, in opening the execution in order to meet those benefits, at the request of the creditor, the debtor shall appoint an appropriate time limit to make a choice. After expiration of this term the creditor will choose the service that is to be met.

Article. 799. [indication of the ways of execution] § 1. The creditor may in one of the application indicate some ways of execution against the same debtor. Of the several ways of execution of a creditor should use the least disruptive for the debtor.

§ 2. If the attachment of one part of the debtor's of course enough to satisfy the creditor, the debtor may request the suspension of the execution of the remainder of the property.

Article. 800. [prohibition applications] section 1. Requests to the Court cannot be combined with the applications addressed to a bailiff. You cannot also connect requests that are addressed to various courts.

§ 2. In the event of an unacceptable connection requests the Court or bailiff recognizes the request in respect of its properties, and the remaining part of the application shall transmit to the competent authority of the egzekucyjnemu, if the creditor within the prescribed time limit shall submit a copy of the application.

Article. 801. [Clarify the debtor] if the creditor or the Court of its own motion management to carry out the execution or the body requiring to carry out executions do not indicate the assets to satisfy the provision, the bailiff may request the debtor to be heard.

Article. 802. [establishment of guardian] If the debtor's place of residence is not known, the Court shall establish a guardian for him, when the execution is to be initiated with the Office and other matters-at the request of the creditor.

Article. 803. [execution Scope] enforcement provides the basis to carry out the execution of the entire claim, and it covered from all parts of the debtor, unless the content of the title suggests something else.

Article. 804. [the legitimacy of egzekwowanego the obligation] enforcement authority is not entitled to test the reasonableness and the due date of the obligation under the title.

Article. 805. [notice of the initiation of the execution] § 1. At first he acts are served to the debtor a notice of the initiation of the execution, including the content of the title and details how the execution and instruction about the possibilities, and how to mount a legal challenge to the order to grant enforceability as well as drawn up by the enforcement authority a copy of the enforcement or verified by the bailiff of the document referred to in article 2. 797 § 3.

§ 11. If the basis for the execution of the Executive title is in the form of a clause with the feasibility of a default judgment or order for payment issued in proceedings on the prescriptive, or debt collection debt collection proceedings by electronic, the bailiff shall instruct the debtor about the content of the article as well. 139 § 1 and 5, art. 168. 172. 8203 § 1 and 2. 825 points 2, and also according to the decision which is enforceable on the content of the article. 344. 346. 492 § 3, art. 493. 503 or article. 50535. § 2. At the request of the bailiff of the debtor should be the Executive title in the original.

§ 3. In the case of the conduct of the execution on the basis of title, referred to in article 1. 783 § 4, the obligation to produce the original enforcement referred to in § 2, lies in the presentation of a revised document by the bailiff to the debtor referred to in article 2. 797 § 3.

Article. 8051. [notice of seizure] § 1. If in the course of the execution will be revealed that the seized object, debts or nearly was established to pledge registry, the bailiff shall notify immediately the occupation of zastawnika of the registered lien.

§ 2. Leading the execution of the service in excess of twenty thousand, the bailiff is obliged to obtain from the central information about data registered zastawach as to whether the debtor is a registered lien zastawcą and who is zastawnikiem. To initiate execution of the bailiff shall immediately inform the registered lien zastawnika.

§ 3. If sent to the enforcement of motor vehicle, (a) the debtor has not issued the registration certificate of a vehicle seized, the bailiff is obliged to obtain information in the central information about the registered zastawach, is busy with the vehicle is unladen liquidations. If you find that the busy motor vehicle is laden liquidations, the bailiff shall immediately notify zastawnika of the registered lien of the initiation of the execution.

§ 4. The sale of movable property, debts and rights-laden liquidations can take place no earlier than one week from the date of notification zastawnika.

Article. 806. [part a bailiff] the bailiff should at the request of a creditor to accept money from him or other things that the debtor in connection with the death.

Article. 807. [Security] section 1. Security in the cases provided for in this part shall be made in cash into the hands of the bailiff or deposited into an escrow account of the Minister of finance or deposited in a savings or junk they in securities. The release of the security, the Court shall decide after having heard the persons concerned. On order of the Court shall be entitled to appeal.

§ 2. Minister of Justice in consultation with the Minister competent for public finances will determine, by regulation, the manner of the lodging of a security in securities, taking into account the safety of securities and the efficiency of the enforcement procedure.

Article. 808. [Deposit] § 1. If deposited in the enforcement proceedings, the amount of money not subject to immediate release, should be made on the escrow account of the Minister of finance.

§ 2. Interest on the sums made on behalf of the Minister of finance the purchase of the item title box executions form part of the amount received in execution. Interest payable for the period from the date of drawing up the draft terms of Division sum obtained in execution to plan returns to the person entitled.

Article. 809. [Protocol] the bailiff finds any operation execution protocol, which should include: 1) the indication of the place and time;

2) first and last names of the parties and other persons participating in the activities;

3) report on the conduct of operations;

4) conclusions and statements present;

5) mention of the reading of the Protocol;

6) the signatures of the present or mention of the reason for the lack of a signature;

7) signature of the bailiff.

Article. 810. [execution in special accident] the public holidays declared free from work, as also in the night time, enforcement actions may be made only in exceptional cases, the written authorization of the President of the District Court that the bailiff at the request of the debtor proves him when performing these steps.


Article. 811. [Execution in military buildings and police] § 1. Within the buildings occupied by the military and the police, border guards, internal security agency, the Intelligence Agency, the Military Counterintelligence Service, military intelligence Service or the Central Anti-corruption Office and the warships may be made only after advance notification of enforcement activities appropriately proper Commander or the head of unit and assisted by the designated authority of the military, the police or the representative of the Agency of internal security, intelligence agencies, Military Counterintelligence Service Military intelligence services or Central Bureau of Anti-corruption.

§ 2. How to assist in carrying out enforcement actions, having regard in particular to the cases and the places where assistance is required, the authorities conduct the implementation of assistance, notify the competent bodies, required documents, how to document the actions and their costs specifies by regulation: 1) the Minister of national defence in consultation with the Minister of Justice,-in the case of assistance by the Military Counterintelligence, military intelligence Service , Military police or military authorities of the order;

2) the proper minister of the Interior in consultation with the Minister of Justice,-in the case of assistance by the police or border guards;

3) the Prime Minister in case of assistance by the internal security agency, the Intelligence Agency or the Central Anti-corruption Office.

§ 3. To the regulation, referred to in § 2, the provisions of article 5 of. 765 § 3.

Article. 812. [a person present at the executions] § 1. Created and the debtor may be present at the enforcement activities. At the request of the parties or at the discretion of the bailiff may be present also the witnesses, unless there is a concern that as a result of the loss of time to summon witnesses to the execution will be thwarted. Witnesses are cited in a number of not more than two per side.

§ 2. The bailiff should call one or two witnesses, if the debtor is not present or the bailiff removed it, unless there is a concern that as a result of the loss of time to summon witnesses to the execution will be thwarted.

§ 3. Witnesses can also be family members and household members.

§ 4. Viewers do not receive remuneration.

Article. 813. [the expert] § 1. In cases requiring an opinion of an expert, the bailiff shall request the opinion of one or more permanent judicial experts. If the Permanent Court experts there is no statutory required specialties, the bailiff will return to the Court for the appointment of an expert and receive from him a pledge.

§ 2. Provision of section 1 shall apply mutatis mutandis when summoned by a bailiff have become judicial expert has been disabled or has not accepted on him the obligation for reasons indicated in the article. 280, and there is no other expert the specialty among the Permanent Court experts.

Article. 814. [search the premises and clothing], § 1. If the target of enforcement, the bailiff will order open flats and other premises and concealed spaces of the debtor, as well as search his belongings, housing and storage. If this was not enough, the bailiff may also search the clothing, which the debtor is wearing. The bailiff may do so also if the debtor wants to expel, or where there is a suspicion that it wants to remove from the execution of the items that you want.

§ 2. If at the time of the enforcement activities of the debtor in the apartment, the bailiff will notice that the debtor gave the sought after items to domownikowi or any other person to hide, the bailiff may search this person's clothing and items, which it has with them.

§ 3. Search of the clothing of the person of the debtor and that the debtor has, outside the place of residence, business, bet and the holding of the debtor may be effected on the basis of a written authorization by the competent President of the District Court. In urgent cases, the search may be done without permission, however, the Act must be presented to the President for approval after the District Court.

§ 4. Search of the clothing can be made only by a person of the same sex, as the debtor. A search of clothing at the soldier in active military service or funkcjonariuszu police, Government Protection Bureau, the Agency of internal security, intelligence agencies, Military Intelligence Directorate, the Directorate of military intelligence, the Central Anti-corruption Bureau or the border guard shall be carried out in the presence of a bailiff duly soldier military police or military order authority or a person designated by a superior officer.

Article. 815. [receipt of] § 1. Where the law provides otherwise, all payments to the bailiff can be made by cash or bank transfer to the account of the bailiff and the bailiff's consent in a different way.

§ 2. Receipt of a bailiff has the same effect as a receipt of the creditor in the form of an official document.

Article. 816. [for the completion of the enforcement procedure] § 1. After the completion of the enforcement proceedings should be on implementing title select the result of execution and stop in the file, and if the service covered by the title has not been met completely, the title given to the creditor.

§ 2. If the execution was carried out on the basis of title, referred to in article 1. 783 § 4, the result of the execution shall be recorded in the telecommunications system.

§ 3. Completion of the bankruptcy proceedings otherwise than by remission of the bailiff finds provision dealing with costs.

Article. 8161. [the data in electronic form] data in electronic form made as a result of the bailiff's activities referred to in article 1. 797 § 4. 816 § 2 are provided with secure electronic signature within the meaning of article 3. 3 section 2 of the Act of 18 September 2001 on electronic signatures.

Article. 817. [Re enforcement] in cases of a breach having completed enforcement may be taken again on the basis of the same Executive title, if the debtor again made changes contrary to the wording of the title, and the request on the matter will be reported within six months of completion of the execution.



SECTION IV of the suspension and the write-off of the proceedings Art. 818. [Suspension from Office] § 1. Enforcement authority suspends the proceedings of its own motion if it turns out that the creditor or the debtor does not have the capacity or the legal representative of the process. At the request of the creditor, and if enforcement was initiated ex officio without such a request, the Court will establish the debtor who is guardian to establish for the duration of the process capabilities of the legal representative.

§ 2. Legal representative of the creditor or the debtor, as also the curator of the debtor may contest the court order and the bailiff made at a time when the party has not had proper representation. The term appeal runs from the date on which the legal representative or guardian has received notice of the ongoing investigation, and if previously reported their participation in the proceedings-from the date of this notification. Repeat the steps already made can be claimed only when the implementation of the steps there was a violation of the rights of a party that not having the capacity to process did not have a legal representative.

Article. 819. [the death of] § 1. Enforcement authority suspends the proceedings of the Office also in case of death of a creditor or the debtor. The investigation shall be undertaken with the participation of the heirs of the deceased.

§ 2. If the heirs of the debtor did not took the decline or are not notable, and there is no guardian, the Court at the request of the creditor shall establish a guardian for them.

Article. 8191. [divestiture or farm after the initiation of the enforcement procedure] § 1. Divestiture or farm after the initiation of the enforcement procedure does not affect the course of this investigation.

§ 2. Provision of section 1 shall apply mutatis mutandis in the event of organizational transformations of the debtor is a legal person, as well as commercial company without legal personality as well as conversion of partnership in the company.

Article. 820. [suspension of the proceedings at the request of the] enforcement authority shall suspend the proceedings at the request of the creditor. At the request of the debtor, the proceedings shall be suspended if the Court overturned the immediate enforceability of title or has stopped its implementation or the debtor has lodged the security required by a court decision to release him from execution.

Article. 8201. (repealed).

Article. 8202 [Limiting enforcement to protective measures], § 1. In the case of executions carried out on the basis of enforcement in the form of feasibility clause with the decision of the Court issued in the European small claims procedure, the Court may, at the request of the debtor, stay the enforcement proceedings also when such a possibility arises from the provisions of Regulation No 861/2007.

§ 2. The Court may also, at the request of the debtor, to limit execution to protective measures or make enforcement of title of the submission by the claimant adequate security, if the ability to provide for the provisions of Regulation No 861/2007. Ruling to limit executions to protective measures, the Court determines how security, using the provisions about how to secure the claims of security proceedings. On order of the Court shall be entitled to appeal.


Article. 8203. [suspension of the proceedings on the basis of the judgment by default or the payment order at the request of the debtor] § 1. The bailiff at the request of the debtor, suspended proceedings are conducted on the basis of enforcement in the form of a clause with the feasibility of a judgment by default, the order for payment issued in proceedings on the prescriptive, or debt collection debt collection proceedings, electronic, if the debtor shall submit a certificate referred to in article 1. 139 § 5, from which it follows that the judgment or order for payment was served to another address than the debtor's place of residence laid down in enforcement proceedings. The debtor is under no obligation to provide a certificate referred to in article 1. 139 § 5 If the circumstances which have to be so identified are the result of a document referred to in article 2. 797 § 3.

§ 2. The bailiff shall, at the request of the creditor proceedings suspended pursuant to § 1, if the Court or by the Court before which the case is centered on either takes place, he finds that the service of a default judgment or order for payment was correct, or-in the event of a re-delivery-that term has expired to file appeal, unless there is another basis for suspension of the proceedings or the proceedings are subject to redemption. To this end, the Court or by the Court, it seems, in private session, at the request of the creditor, the appropriate certificate.

§ 3. The suspension of the enforcement proceedings in the case referred to in § 1 shall not preclude the taking by the bailiff acts aimed at execution of the Executive title in the future, including the attachment of the debtor's assets.

Article. 821. [Suspension due to complaints about the execution] § 1. The Court may suspend in whole or in part, at the request of the enforcement proceedings, if the complaint was on the steps of a bailiff or a complaint to the Court. Stay of proceeding the Court may subject to the lodging of a security by the debtor.

§ 2. If the debtor to protect the fulfilment of its obligation, the Court may set aside made execution, except in the case of seizure.

§ 3. The Court may refuse to stay proceedings or already suspended proceedings to take over again, if the creditor to protect damages as a result of further prosecution may arise for the debtor.

Article. 8211. [the term wage seizure free during the period of suspension of proceedings] if the execution was directed to pay for the work, or other property rights, which is related to the debtor's right to benefits, the Court on application by the debtor may determine the amount the debtor can charge during the period of suspension of the proceedings in order to meet the current needs. On a court order determining the amount that the debtor can take in order to meet current needs, the creditor is the complaint.

Article. 822. [suspension of operations] Bailiff abstain from performing an Act, if, before the start of the journey, the debtor lodges a unequivocal proof in writing that his obligation fulfilled or that the creditor gave him a delay. The bailiff also abstain from performing an Act, if, before the start of the journey, the debtor or his spouse raise the complaint arising from a marriage contract against making steps and find the material contract marriage and submit unequivocal proof in writing that the material contract marriage and its nature are known to the creditor. Refrain from making these steps, as appropriate, the bailiff shall make arrangements that allow the carrying out of activities in the future. Of the suspension and the reasons for the bailiff shall immediately notify the creditor. At the behest of the creditor, the bailiff will immediately act, which has been paused.

Article. 823. [waiver of proceedings under the law] enforcement of the law itself under orders if the creditor within a year has not made the steps needed to further proceedings or has not requested take suspended the proceedings. This period runs from the date of last action he, and in the event of interruption of the proceedings, from the cessation of the cause of the suspension.

Article. 824. [waiver of ex officio] § 1. Proceeding to orders in whole or in part from the Office: 1) if it becomes apparent that enforcement does not belong to the judicial authorities;

2) if the creditor or the debtor has no judicial capacity, or if execution due to its subject matter, or on the person of the debtor is not allowed;

3) if it is evident that the execution did not get higher than the sum of the costs of enforcement.

§ 2. The write-off due to lack of capacity may occur only when a court within the time limit set by the enforcement authority no this is not deleted. If you remove non-recipe article shall apply accordingly. 818 § 2.

§ 3. Upon which the decision to abolish the separation is not allowed enforcement proceedings on the basis of the enforcement order issued in the cases referred to in article 1. 5675, and on the needs of the family, about the maintenance benefits of a spouse remaining in the separation relative to the other spouse or to the common minor child of the spouses as to benefits for the period after the abolition of the separation. Initiated in these matters, enforcement of orders of the authority.

Article. 825. [Remission at the request of the] proceedings barred enforcement authority in whole or in part at the request of: 1) if requested by the creditor; However, in cases where enforcement was initiated ex officio or at the request of the authority, the application of a creditor of the remission of the proceedings require the consent of the Court or authority that requested the initiation of enforcement;

2) if final judgment enforceable title was stripped of the feasibility or the judgment, on which was based the feasibility of the clause was repealed or has lost power;

3) if enforcement were against a person who according to enforceability is not indebted to and who objected to the conduct of the execution, or if the conduct of the execution remains for other reasons in obvious contradiction with the contents of enforcement;

4) if the creditor is in possession of a security pledge the full satisfaction of the claims of egzekwowanego, unless enforcement is directed to the subject of pledge;

5) (repealed).

Article. 826 [remit Effects] Remission of enforcement enforcement activities made the repeal of the causes, but does not deprive the creditor possible initiation of the re-foreclosure, unless for other reasons is not allowed enforcement. Waiver of enforcement proceedings may not violate the rights of third parties.

Article. 827. [Hearing] § 1. Prior to the suspension or remission procedure should listen to the creditor and the debtor. This does not apply to cases where there is an enforceable judgment to justify the suspension of the proceedings or the final judgment to justify the waiver of proceedings or when the suspension or remission is to be under the same law or the will of the creditor.

§ 2. At the request of the creditor or debtor, enforcement authority shall issue a certificate of redemption of the proceedings.

Article. 828. [Complaint] order of the Court to suspend or dismiss the proceedings shall be entitled to appeal.



SECTION (V) restrictions on the enforcement of Art. 829. [the exemption] shall not be subject to execution: 1) household items, blankets, underwear and clothing, necessary for the debtor and who are dependent on him or members of his family, as well as protective clothing necessary to perform the service or occupation;

2) food supplies and fuel necessary for the debtor and who are dependent on him or his family members for a period of one month;

3) one cow and two goats or three sheep needed to board the debtor and who are dependent on him or members of his family, along with a supply of feed and litter for the next harvest;

4) tools and other items necessary for the personal work of the debtor and the raw materials necessary for the manufacture for a period of one week, but excluding motor vehicles;

5) debtor entitled to periodic constant payment-money in the amount that corresponds to the non-execution of part of the wages for the time to the nearest date for payment, and debtor nieotrzymującego a fixed pay-money necessary for him and his family to keep for two weeks;

6) items necessary for learning, personal papers, decorations and items that are used to perform religious practices and everyday items that can be sold only to well below their value, and the debtor have a significant value in use;

7) (repealed);

8) medicinal products within the meaning of the provisions of the Act of 6 September 2001-pharmaceutical law (Journal of laws 2008 No. 45, item 271, with further amendments) necessary for the operation of an entity within the meaning of the medicinal healing activity for a period of three months and necessary for its functioning of medical devices within the meaning of the provisions of the Act of 20 May 2010 for medical devices (OJ No 107 , item. 679 and 2011 No 102, item. 586 and no. 113, item. 657);

9) items are necessary because of the disability of the debtor or the members of his family.

Article. 830. [Delegation] Minister of Justice in consultation with the Minister of Agriculture, [19] and the Minister of finance [20] shall determine by regulation, what items belonging to a farmer holding the holding shall not be subject to execution.

Article. 831. [exemption from execution] § 1. Shall not be subject to execution: 1) the sum of the benefits in kind and committed to cover expenses or on business trips;

2) sum granted by the Treasury for special purposes (in particular, scholarships, support), unless a claim is enforced in connection with the realization of these objectives or in respect of the obligation to pay maintenance;


2A) funds from programs financed with the participation of the measures referred to in article 1. 5 paragraph 1. 1, points 2 and 3 of the Act of 27 August 2009 public finances (OJ of 2013. poz. 885, 938 and 1646), unless a claim is enforced in connection with the implementation of the project, for which these measures were intended;

3) non-negotiable rights, unless the opportunity to dispose of them disabled, and subject to the provision of suitable for the execution or exercise of the right may be entrusted to someone else;

4) (expired);

5) personal insurance benefits and claims from property insurance, within the limits set by regulation by the Ministers of finance and justice; This does not apply to execution in order to satisfy the claims for alimony;

6) social assistance benefits within the meaning of the provisions of the Act of 12 March 2004 on social assistance (Journal of laws of the 2013 item 182, with further amendments);

7) claims that the debtor from the State budget or from the national health fund for the provision of health care benefits within the meaning of the provisions of the Act of 27 August 2004 about health care benefits financed from public funds (OJ 2008 No. 164, item 1027, as amended) before granting these benefits, amounting to 75% of the respective payment, unless the claims of the debtor's employees or service providers referred to in article 1. 5 paragraph 41 (b). (a) and (b) of the Act of 27 August 2004 about health care benefits financed from public funds;

8) the sum awarded to the judgment of the European Court of human rights if the enforced claim shall have the Treasury;

9) service integration within the meaning of the law of 13 June 2003 on social employment (OJ of 2011 No. 43, item 225, as amended).

§ 2. In the cases referred to in § 1, paragraph 1-2a and 7, shall not be subject to execution also the sum and benefits in kind paid or given, and in the case referred to in § 1, paragraph 2, shall not be subject to execution also fixed assets and intangible assets arising within the framework of the implementation of the project for which they were earmarked funds from programs financed with the participation of the measures referred to in article 1. 5 paragraph 1. 1, points 2 and 3 of the Act of 27 August 2009 for public finances, for a period of stability referred to in the agreement for funding the project.

§ 3. (repealed).

Article. 832. [funeral] import duties paid in connection with the death of the title carer's allowance or a single supply under any name or insurance to cover funeral costs are subject to execution only to meet these costs.

Article. 833. [the attachment of wages, pensions and pensions] § 1. Remuneration from employment relationship shall be subject to execution within the range specified in the provisions of the labour code.

§ 11. Provision of section 1 shall apply mutatis mutandis to the unemployment, aktywizacyjnych, scholarships and training allowances, paid on the basis of the provisions of the promotion of employment and labour market institutions.

§ 2. Provision of section 1 shall apply mutatis mutandis to the salaries of MPs and senators, members of the agricultural production cooperatives and their housemates from the title of the work in the cooperative, the remuneration of the members of the cooperatives, and all the benefits of repeated, whose goal is to provide maintenance.

§ 3. The restrictions provided for in § 2 shall not apply to claims of agricultural production cooperative members in respect of the share of income accruing from the cooperatives contributed to a cooperative.

§ 4. Cash benefits provided for in the rules about the supply of retirement shall be subject to execution within the range specified in these regulations.

§ 5. To the execution of the rent accruing in respect of an accident at work or occupational disease, and survivors ' benefits recoverable by the Court or agreed in the contract for the loss of ability to work or the death of the breadwinner or paid out of the voluntary insurance scheme and enforcement with cash benefits accruing to social insurance sickness and maternity benefits provisions for the execution of the benefits provided for in the rules about pension supply of workers and their families.

§ 6. [21] shall not be subject to execution, maintenance benefits, cash benefits are paid in the case of nullity of the enforcement of child support, family benefits, family allowances, nursing care, childbirth, for complete orphans, allowances for carers, social assistance benefits, the benefits of integrative and educational.

§ 7. [22] shall not be subject to the enforcement of the provision, and the other amounts referred to in article 1. 31.3. 1, art. 80 (2). 1 and 1a. 81. paragraph 83. 1 and 4, art. 84 points 2 and 3 and article. paragraph 140. 1 section 1 of the Act of 9 June 2011 to promote family and foster care system, and the financial resources to maintain a dwelling in apartment building or a House, referred to in article 1. paragraph 83. 2. 84 section 1 of the Act of 9 June 2011 to promote family and foster care system, in part attributable to placed in a foster family or family-run orphanage children and persons who have reached the age of majority while in custody.

Article. 834. [calculation of income] the revenue referred to in the preceding article shall be calculated together with all the Extras and the value of benefits in kind, but after deduction of taxes and dues payable under the Act.

Article. 835. [Total revenue], if the debtor receives income from several sources, the basis for calculation is the sum of all incomes.

Article. 836. [Execution of decline] pending the adoption of a decline in enforcement to satisfy the debt of decedent is only permissible with the fall. Prior to the adoption of the decline cannot be carried out execution to meet a personal debt to the heirs.

Article. 837. [limitation] the debtor can rely on the limitation of liability only if it has been reserved in the title. A reservation is not necessary if the service has been awarded against the purchaser of the assets of the trustee appointed by the Court, a guardian or executor of the entrusted to them property or from the Treasury as the heir.

Article. 838. [combination of execution] If, in the case of overlapping of judicial and administrative enforcement enforcement of judicial enforcement authority leads the two executions, the provisions of the code in relation to the enforcement of restrictions shall also apply to claims subject to execution, unless specified in the provisions of the law on the execution of administrative enforcement restrictions are smaller.

Article. 839. [Order], § 1. Order of the Court in relation to the enforcement of restrictions should be decided after hearing the parties.

§ 2. On order of the Court shall be entitled to appeal.



SECTION VI przeciwegzekucyjne Action Art. 840. [an action for deprivation of enforcement] § 1. The debtor by way of actions require the custodial enforcement feasibility in whole or in part, or limit, if: 1) belies the incidents on which was based the issue of enforceability, and in particular when disputes the existence of the obligation recorded non-enforcement or court when challenging transition obligation despite the existence of formal document this transition;

2) after the founding of the enforcement event occurred as a result of which the obligation has expired or cannot be enforced; When the title is the Court, the debtor can claim based on events that occurred after the close of the hearing, as well as meet the plea, if this has not been the subject of diagnosis;

3) spouse, against which the Court gave a clause on the basis of article viability. 787, demonstrates that enforced the provision of a creditor should not be, the spouse is entitled to own not only the allegations ago law, but also allegations that his spouse had not able to pick up.

§ 2. If the basis for the execution of the title from the Administration, to establish that the obligation has expired or cannot be enforced, is called the body, from which the title comes from.

Article. 8401 [exclusion or limitation of liability] if the debtor or his or her spouse, against which the Court gave a clause on the basis of article viability. 787 or article. 7871, resulting from the contract of marriage material allegation of the exclusion or limitation of liability of the whole or part of its assets, the provision of art. 840 § 1 and § 2 shall apply mutatis mutandis.

Article. 8402. [protection of the rights of the debtor] if the execution is carried out on the basis of enforcement or other document, which is not suited to the protection of the debtor's rights, enforceability shall apply mutatis mutandis the provisions of article 4. 840. 843. 8403. (repealed).

Article. 841. [an action for relief from enforcement] § 1. A third party may by way of a court action claiming the exemption used item from execution, if the referral to it execution infringes his or her rights.

§ 2. If the law contradicts the claimant, in addition to the creditor to sue the debtor as well.

§ 3. An action may be lodged within one month from the day of gathering information about the infringement, unless another time limit is provided for in a separate law.

Article. 842. [an action for relief from administrative enforcement] § 1. It is also an action for release used the subject of enforced recovery. The petition must be accompanied by provision for the administrative enforcement authority refusing the request to exclude the subject from execution. Regardless of the result of the case the Court imposes the costs of a trial to a third party, bringing in an action item from the exemption of the administrative enforcement of new evidence relevant to the adjudication of the matter, which are not presented in administrative proceedings, despite the fact that she could be relied upon in this proceeding.


§ 2. A claim can be lodged within fourteen days of the date of notification of the administrative provisions of the enforcement authority, and if the person concerned has lodged the complaint on this provision, within fourteen days from service provisions issued as a result of complaints.

Article. 843. [jurisdiction], § 1. Actions provided for in this section are filed before the Court materially competent in whose jurisdiction enforcement is carried out.

§ 2. If the execution has not yet been initiated, an action for deprivation of enforcement feasibility are filed under the provisions of the general jurisdiction.

§ 3. In the lawsuit the plaintiff should cite all the allegations, which at that time was able to report, under pain of loss of the right to use them in further proceedings.

§ 4. (repealed).



TITLE II Enforcement of cash benefits and the attachment of movable property chapter 1 seizure of Art. 844. [jurisdiction of a bailiff] § 1. The attachment of movable property belongs to the bailiff of the Court within whose area are movable, unless a creditor chooses another bailiff.

§ 2. The bailiff, who initiated the execution of some of the movable property of the debtor is competent to carry out the executions of the other movable property of the debtor, even if they were in another court.

§ 3. The bailiff chosen by the claimant and auctioneer, referred to in paragraph 2, after the seizure of movable property of the seizure shall inform the bailiff acting by the District Court within whose area are movable at the time of the seizure by sending a copy of the Protocol of seizure of movable property.

Article. 8441. [Execution from animals] provisions concerning enforcement of movables shall apply mutatis mutandis to the execution of that animals, where this is not contrary to the provisions on the protection of animals.

Article. 845. [the attachment of movable property] § 1. To the execution of movable property the bailiff shall proceed by their occupation.

§ 2. You can take the debtor's movable property which is either in his possession or in the possession of the creditor, which came to them. Movable property of the debtor which is in the possession of a third party can be addressed only when the person agrees to their occupation or admits that they are the property of the debtor, and in the cases referred to in the Act. However, in the case of overlapping of judicial and administrative enforcement is permitted the seizure of movable property under the conditions laid down in the rules about the execution.

§ 2a. In the case of the enforcement of maintenance payments, the bailiff may take also movable which is in the possession of persons residing together with the debtor without the consent of that person, unless it will present evidence that the movables are her own.

§ 3. You should not occupy more movable than the ones that are needed to satisfy the debts and costs of enforcement.

Article. 846. [Execution of the fraction part] § 1. The attachment of the fractional part of the movable which is owned jointly by several persons is carried out in the manner prescribed for the execution of movable property, provided that the sale is subject to only a part of the debtor.

§ 2. Another współwłaścicielom is entitled including the right to request that the entire thing has been sold.

Article. 847. [Protocol classes] § 1. The bailiff carries out the seizure of movable property by typing in the minutes. A copy of the Protocol of seizure must be delivered to the debtor and współwłaścicielom occupied movables who are not debtors.

§ 2. The debtor should by occupation, and if is not present-immediately after receipt of a copy of the Protocol address, replace the bailiff in his possession of movable property to which the third party shall be entitled to request exemptions from execution, with an indication of the addresses of such persons. The bailiff shall notify of the seizure of the person indicated by the debtor.

Article. 848. [as a result of seizure] Addressing has the consequence that the float regulation made after the seizure has no influence on the further course of the proceedings and the enforcement of the used movable property may be carried out also against the purchaser. This provision shall be without prejudice to the provisions on the protection of purchasers in good faith.

Article. 849. [break execution] If the bailiff stops seizure, should make appropriate steps to prevent removal of movable niezajętych yet.

Article. 850. [the presence of creditor] creditor may request that the seizure took place in his presence. In this case, the bailiff shall notify him of the date on which the seizure is to be made. If the prompt does not appear within the set time limit, the bailiff shall address in his absence. If the bailiff without notice to the creditor has made in his absence, the creditor may request a check with his participation.

Article. 851. [to satisfy other claims] If already occupied by movable property to be seized to satisfy other claims yet, the bailiff shall make new classes by selecting it in the minutes of the first seizure. The creditor can require the bailiff called movable property, seized on the basis of the Protocol; check that the bailiff finds in that Protocol.

Article. 852. [Deposit] § 1. Of the seized money, the bailiff will satisfy the creditors, and if it is not sufficient to satisfy all creditors will submit them to the escrow account of the Minister of finance in order to split.

§ 2. Submission to the escrow account of the Minister of finance will also occur if the reported allegation that a third party is entitled to the seized money right constituting an obstacle to the release of their creditor. The Court decides to spend the money to the creditor, if within one month of the submission of their deposit on behalf of the Minister of finance will not be filed competent court decision exempting from seizure or holding the issue of money.

§ 3. On order of the Court as to the issue of money is entitled to appeal. The order becomes enforceable only when implementations.

Article. 853. [an estimate of the value of the chattel] § 1. If special provision provides otherwise, the bailiff shall mean the value of seized movable property and places it in the Protocol.

§ 2. If the bailiff finds that in order to estimate the call of an expert, or if the creditor or the debtor to raise the allegations in the complaint to estimate, estimate shall be made good by the occupation, and if this was not possible, at a later date, until the day of the auction. The complaint to estimate a bailiff to the bailiff by occupation of movable property, and if it has not been possible to date.

Article. 854. [Disclosure activities] on each used movable property the bailiff placed a sign on the outside revealing her occupation, and if this is not possible, will reveal them in a different way.

Article. 855. [Supervision of another person] § 1. Seized movable property the bailiff will leave in the possession of the person who took them. However, for important reasons, the bailiff may at any State of the proceedings give seized movables under supervision of another person, including a creditor, even though it was connected with the need to move them. They perform the duties of the caretaker. The bailiff shall serve the Protocol.

§ 2. The Ordinance of the Minister of Justice shall determine when occupied items must be submitted to the Court for safekeeping or deposit referred to institutions.

Article. 856. [preservation of diligence] § 1. The caretaker or the debtor, entrusted with supervision, shall keep the cast them as movable property with the utmost care, in order not to have lost value, and give them the call of a bailiff or pursuant to the decision of the Court or on request of both parties. If the caretaker or a debtor to give them mobility features, the bailiff receives them to him.

§ 2. The caretaker is obliged to inform the bailiff of the intended change of the place of storage of movable property.

Article. 857. [the responsibility of caretaker] § 1. The caretaker is not responsible for the deterioration, damage, destruction or disappearance of seized movable property, if kept care, to which he was required to take in accordance with the provision of the preceding article.

§ 2. The debtor is not entitled to claim the creditor due to damage or disappearance of seized movable property during their transportation, consignment or storage on the caretaker.

Article. 858. [reimbursement of expenses and remuneration] § 1. The caretaker can request reimbursement of the expenses associated with retention and remuneration for supervision up to the hardships incurred. This does not apply to the debtor, members of his family living with him together and a third party, in which the thing seized.

§ 2. The sum of the expenditure and the amount of remuneration shall be determined by a bailiff, shall notify the parties and the dozorcę.

Article. 859. [Complaint] order of the Court as to the reimbursement of expenses and remuneration of the caretaker is entitled to appeal.

Article. 860. [change keepers] bailiff may important reasons for release dozorcę and made another. Change the caretaker the bailiff will order after hearing the parties, unless an immediate change is necessary.

Article. 861. [Use things] If occupied movables were left in a room belonging to the debtor and supervision was entrusted to him by yourself or a member of his family with him numerous requests, they have the right to normal use of the things, as long as this thing has not lost value. Also a third person under whose supervision the bailiff left occupied her movable property of the debtor, can use them, if it is entitled to do so.

Article. 862. [income from things] § 1. Where to put under the supervision of a person who is not entitled to use it brings income, the caretaker is obliged to submit the supervision after the bailiff the Bill with the revenue. Pure income after deduction of expenses shall be deposited in the escrow account of the Minister of finance.

§ 2. With the obtained in this way, the income cover mainly remuneration, the rest of the keepers and attaches itself to the sum obtained from execution, and in the event of redemption, shall be paid to the debtor.

Article. 863. [Delegation] the Minister of Justice may, by regulation, require the maintenance of a separate room to store and seized surveillance of movable tangible property, with a view to the smooth conduct of the execution and the security of seized movable property.



Chapter 2 for sale


Article. 864. [the term] § 1. Sale of seized movable property may not be earlier than the seventh day after the date of seizure.

§ 2. Sale of seized movable property may take place immediately after the occupation, if: 1) movable property are easily broken or exercise surveillance over them or their store would result in excessive costs;

2) dealt with livestock, and the debtor refused to consent to receive it under supervision.

Article. 8641. [conditions for permitted direct sale of movable property not listed in article 1 § 2 864] the bailiff can sell free-hand of movable property not mentioned in the article. 864 § 2, if the debtor has given his consent and specify the minimum price of disposal. The sale may not be earlier than two weeks from the date of the estimate, if none of the creditors leading execution did not oppose it within a week of the date of notification by the bailiff of the intention to carry it out.

Article. 865. [rules for the sale of seized movable] § 1. Seized movable property used, which are the subject of trade, the bailiff at the request of the party trader might sell the interviewer such belongings at wholesale prices, and when such prices are not documented, priced about 25% lower than the estimate of movable property.

§ 2. (repealed).

§ 3. (repealed).

Article. 866. (repealed).

Article. 8661. [the sale of seized movable] Seized movable property whose sale requires a permit, the bailiff will sell through the company with such permission or sell them to the company. To the valuation of movables article. 865 shall apply mutatis mutandis.

Article. 8662. [Rating] § 1. To estimate the seized items of historical or artistic bailiff calls. These items can be sold through their company turnover or the State Museum, library, archive or research and documentation centre. The recipe article. 8641 shall apply mutatis mutandis.

§ 2. To estimate of gold and Platinum, the bailiff shall appoint an expert. Gold and Platinum products, with the exception of commercial items, and items of gold or Platinum unserviceable bailiff sells the company jubilerskiemu or other officer marketing or processing of precious metals. The recipe article. 865 shall apply mutatis mutandis.

§ 3. Seized by a bailiff or other Bank sells foreign exchange traders who are buying them. The disposal price may not be less than the rate of buying foreign currency in gold by the Polish National Bank on the date preceding the date of sale.

Article. 867. [public Auction] § 1. Seized movable property not sold according to the provisions of the preceding, the bailiff sells by auction.

§ 2. The price of calls in the first date of the public auction shall be three-fourths of the estimated value. If the auction for the first time it comes to fruition, seized movable property can be sold for the second time in the game. The price of calls in the second period in the game amounts to half of the estimated value. For sale betting may not occur for less than the price of the call.

§ 3. About the time and place of the auction, the bailiff shall notify the debtor not later than three days before the date of the auction. In the cases referred to in article 1. 864 § 2 notice is served to the debtor before the commencement of the auction.

§ 4. Seized movable property not mentioned in the article. 865 or unsold as provided for in that provision a bailiff, at the request of the creditor, shall transmit to the consignment sales prior to sale by auction.

§ 5. For sale consignment used movable property sprzedażną price is determined in the amount of estimated value. If mobility is not at that price sold during the month, Commission agent can reduce the price of sprzedażną by 25%. With the selling price obtained shall be deducted a Commission komisową.

Article. 8671 [Warranty] § 1. Joining an invitation to tender is obliged to submit the warranty equal to one tenth of the total estimate.

§ 2. Warranty made by bidder approved auctioneer stops; the other bidders warranty returns immediately.

§ 3. If the buyer does not perform within the terms of bidding as to payment of the price, you will lose the warranty, and the impact of auctioneer shall expire. With the lost of warranty cover costs related to the execution of the sale, and the rest is part of the sum obtained in execution, or if execution has been cancelled is credited to the income of the Treasury.

Article. 8672. [Transparent process and the participants of the auction] § 1. The auction takes place publicly.

§ 2. In the invitation to tender may not participate: the debtor, the bailiff, their spouses, children, parents and siblings, a person present in the auction in an official capacity and the high bidder, who did not perform the previous conditions.

§ 3. Appearance of one bidder is enough to hold a tender.

§ 4. Power of attorney to participate in the invitation to tender should be identified with the signature document officially certified, unless the power of attorney granted to the solicitor or legal counsel.

Article. 868. [Delegation] Minister of Justice shall determine by regulation the provisions relating to principles and conduct a public auction and, in particular, the grounds for exclusion from the tender.

Article. 869. [Arrivals] section 1. The bailiff will provide nailing the person ofiarującej to the highest bidder, if after three summons to further postąpień no one bade no more.

§ 2. Once the auctioneer comes to the effect of the sale of movable property to the purchaser. Since then belong to him the benefits of movable property.

Article. 870. [Appeal arrivals] section 1. A creditor or the debtor may contest for arrival in the event of a breach of the provisions of the public nature of the bidding, with the lowest cost and to exclude from participation in tender. The complaint shall be notified to the Protocol. There is no complaint for arrival of movable exist for rapidly deteriorated.

§ 2. On order of the Court shall be entitled to appeal.

§ 3. If within two weeks of the complaint is not resolved, the customer may, within a further week to renounce the acquisition of movable property and pick up the paid sum.

§ 4. Where the purchaser exercises the powers provided for in the preceding paragraph, or if the Court refuses to auctioneer, auction will be considered a would-be.

Article. 871. [obligation to pay price], the purchaser is obliged to pay the purchase price immediately after the award of his arrival. But when the price exceeds five hundred dollars, the obligation to the purchaser is limited to the deposit immediately one-fifth the price of not less than five hundred dollars, and the rest should be paid until noon the next day.

Article. 872. [the consequences of failure to pay the rates] § 1. The buyer, that the prescribed time limit does not pay the price in whole or in part, the rights arising from the auctioneer.

§ 2. If the purchaser does not pay within the time limit represented by the sum to be paid immediately by the award of the auctioneer, the auctioneer will resume promptly tender the same movable property, starting with the price of calls and slow the buyer can not continue to participate in the bidding. In the event of unpaid within the rest of the money paid the next day after the auction, you will be asked to reinstall bidding on terms first.

§ 3. From the buyer, who has not fulfilled the obligation to pay the price or part thereof within the time limit prescribed, the bailiff will incur the amount equal to one tenth of the sum of the acquisition, which will be offset against the amount paid by the purchaser.

§ 4. The sum of downloaded from the buyer shall be the costs associated with the auction. The surplus shall be paid into court for the benefit of the Treasury.

Article. 873. [Complaint] for downloading from the purchaser of receivables according to the preceding article, the Court shall decide. On order of the Court shall be entitled to appeal.

Article. 874. [refund] Buyer after final arrival and payment of the entire price becomes the owner of the purchased movable property. If the Court refuses to auctioneer, paid the purchase price is refunded.

Article. 875. [Re auction, take ownership] § 1. If the auction does not come to fruition, the creditor may, within two weeks of receipt of the notification of a bailiff require the designation of a second auction, or take ownership of movable property put up for sale or some of them at a price not lower than the price of the call.

§ 2. If execution leads to several creditors, priority to the acquisition of movable property ownership entitled from them, which offered the highest price for an equal and price – on which the request was made in advance.

§ 3. Declaration of acquisition will be included only if the creditor at the same time as the application makes the entire price. Ownership of movable property is passed on to the creditor at the time of the notification of award it acquired him things.

§ 4. In the event of a failure within a prescribed period of an application for the appointment of the other auction or statements about the acquisition of movable property, the bailiff proceeding barred for unsold movable property. If from several creditors some demand auction, while others take over movable property, will be appointed the second betting round.

Article. 876. [deduction of receivables] If the buyer is only enforcing creditor or, if the purchase price is enough to satisfy all creditors and law enforcement costs, the buyer may include your claim which is enforced on the purchase price.

Article. 877. [the right to seize movable property] if the second auction does not come to fruition, the creditor within two weeks of receipt of the notification of the bailiff is entitled to seize movable property for a price not lower than the price of the call. In this case, the article shall apply accordingly. 875 § 2. If the creditor has not taken advantage of the law of acquisition of movable property, the bailiff proceeding barred as to things niesprzedanej or nieprzejętej.

Article. 878. [the refusal of things], if the debtor or caretaker refuses to issue the purchaser a bailiff at the request of the buyer, things will behave as the execution of non-pecuniary claims.


Article. 879. [Collection of things] who acquires a thing on the basis of the provisions of this chapter, becoming its owner without any loads and should immediately pick up. The purchaser is not entitled to claim the warranty for defects of goods; against the purchaser cannot raise objections as to the validity of the purchase.



TITLE II attachment of remuneration for the work of Art. 880. [Property] attachment of remuneration for the work belongs to the bailiff in the District Court of the General properties of the debtor.

Article. 881. [Addressing remuneration] § 1. To the execution of the remuneration for the work of the bailiff shall accede by its seizure.

§ 2. The bailiff shall notify the debtor that up to egzekwowanego and benefits until the full coverage of the debt are not allowed him to receive a salary in addition to part of the seizure-free or dispose of it in any other way. This applies in particular to a periodical of remuneration for work and the remuneration of the work commissioned, and awards and bonuses for the period the debtor conferred his employment, as well as related to the employment relationship of profit or share in the share Fund and any other funds within the context of the employment relationship.

§ 3. The bailiff calls on employers to within the limits laid down in the second paragraph is not the debtor pays off part of the seizure of any remuneration, but: 1) forward seized wages directly to the creditor by notifying the first bailiff enforcing payment, or 2) forward seized the remuneration to the bailiff if the remuneration is or will be in the further course of the bankruptcy proceedings directed yet another execution, and remuneration in part required is not sufficient to cover all the benefits due to enforced.

The bailiff teaches at the same time the employer of the consequences of failure to comply with the request.

§ 4. According to the circumstances of the bailiff may request the employer to transfer him to the affected salaries directly.

Article. 882. [address] § 1. By making the attachment of remuneration for work, the bailiff calls in addition to employer within a week: 1) for a period of three months preceding the seizure, for each month separately, a periodical statement of the debtor's salary for the work, and separately from any income it other titles;

2), in which the amount and the time limits in which occupied the remuneration will be transmitted to the creditor;

3) in the event of the existence of obstacles to pay remuneration for the work made a statement on the nature of these obstacles, and in particular, whether other people arrogate to itself the right, whether and to what extent the Court takes place, the matter of salary and occupied if and what the claim was directed to the affected salaries execution by other creditors.

§ 2. The employer is obliged to immediately notice a bailiff and a creditor of any change in the circumstances referred to in § 1.

Article. 883. [Addressing] § 1. The seizure is made upon a summons the debtor used.

§ 2. However, the debtor may request redemption of execution for benefits payable in the future, if you pay all benefits due and makes a deposit on behalf of the Minister of finance the amount to równającą total periodic benefit for six months, while the screw is tightened, the bailiff to take this sum. The bailiff will benefit from this fixture when it finds that the debtor had fallen into arrears with the payment of the benefits payable; at the same time initiate ex officio enforcement.

Article. 884. [continuity of attachment] § 1. The attachment is still there, even after the debtor established a new employment relationship or a job or even a company work passed on to another person, if he or she was aware of the seizure.

§ 2. In the event of termination of the existing debtor employer makes mention of the seizure by the debtor issued the certificate, and if the new employer of the debtor is unknown, it shall send the notice and documents concerning the bailiff employer ago address remuneration and shall inform the bailiff and the debtor against which the enforcement procedure. Mentioned in the certificate of working shall contain the designation of the bailiff, who took charge, and the number of cases he, as well as indicate the amount already withheld amounts. Send notification to the bailiff has the debtor's duties activities effects on your new employer from the time notice to handle this.

§ 3. The new employer, to which the employee shall present a certificate to work with mention of occupation duties, it shall inform the employment of the employee the employer that issued the certificate, and indicated in the reference which the bailiff. If the new employer, to which the worker has not turned out to be a work certificate, knows where the worker was previously employed, is obliged to notify the previous employer of his employment, unless the employee shall submit a certificate of employer stating that his charges were not occupied.

§ 4. The obligation to notify the bailiff to change employers charge also. To this, and of the consequences of its neglect of the debtor should be instructed in the notification of the seizure it remuneration for work.

Article. 885. [effects of seizure] Addressing has the effect that in relation to the enforcing creditor no matter they are in excess of the salary regulation part free of attachment, made after his seizure, as well as before the occupation, if the maturity of the salary after the occupation.

Article. 886. [Fine], § 1. Employers who did not perform the duties referred to in article 1. 881 § 3 and 4 not submitted within the time limit provided for in article 4 of the Declaration. 882 or failed to submit documents address the salary to the new employer of the debtor, pursuant to article 18. 884 § 2 and 3, the bailiff imposes a fine of up to two thousand. The fine may be repeated, if the employer still evades the implementation of these steps in addition to the prescribed period.

§ 2. If the employer is a natural person, a fine is subject to an employee or partner responsible for the execution of such operations, and in the event of such niewyznaczenia the employee or his inability to determine-the person authorized to represent the employer. If the employer is a partnership, a fine shall be subject to any of the shareholders.

§ 3. An employer who does not comply with the request of the article. 881 and 882 or otherwise violated the obligations arising in connection with the seizure or made a statement provided for in article 4. 882 inconsistent with the truth or made payment of the wage floor, the debtor is liable for caused by a creditor.

§ 4. A fine referred to in § 1 the bailiff wymierzy also the debtor who did not inform him of the change of employer.

Article. 887. [Powers of the creditor] § 1. Under the same address creditor may exercise all rights and claims of the debtor. At the request of the creditor, the bailiff him the appropriate certificate.

§ 2. Create applicant action against the employer should przypozwać the debtor against which the enforcement procedure. The respondent employer is obliged to provide to the Court all other creditors to claim dochodzona has also been busy. The Court shall notify the creditors pursuant to article 18. 195. Judgment released on is effective in relation to other creditors. However, in relation to the creditor, that the Court has not been notified, the employer cannot rely on the judgment of that fell in his favor.

Article. 888. [Collection of documents], § 1. At the request of the creditor, the debtor receives the officer documents proving the claim and submits them to the judicial deposit.

§ 2. If the creditor reports to receive took place in his presence, the bailiff shall inform him of the date. In case of absence of the creditor shall not be shown.

§ 3. The debtor is obliged under pain of liability for injury to give the creditor all the explanation needed to assert rights against the debtor used.



SECTION III the attachment of bank accounts Art. 889. [the bailiff's Activities] § 1. In order to make the enforcement of receivables from the bank account in this bank account, including the contribution of the bailiff of the debtor's properties total savings: 1) shall send to the branch or other organizational units of the Bank in which the debtor has an account, notice of the seizure of the debtor's monetary claims arising from having a bank account in the bank account, including savings contribution, up to the amount of duty which is levied in execution, including the costs of enforcement and calls on the bank not to make a withdrawal from an account without the consent of the bailiff to the amount consumed, but surrendered without delay, busy on cover charges or announced the bailiff within seven days for a way to transfer the used amount; notice is effective also in case of niewskazania bank account, including your bank account involving a savings contribution;

2) shall notify the debtor of the seizure of its receivables from the bank account in this bank account covering savings contribution can serve him with a copy of the notice to the Bank, on the prohibition of the payment from your bank account, including your bank account involving a savings contribution.

§ 2. At the same time, the bailiff shall send the creditor with a copy of the notice sent to the Bank.

§ 3. If you claim from your bank account, including your bank account covering savings contribution was occupied in two or more of the enforcement proceedings, and on account of the amount is not enough to satisfy all creditors, the bank withholds from the payment of the amounts seized by notifying the bailiffs carrying out enforcement. Busy bank debts shall be paid, after all the cases in article mode. 7731, bailiff, which leads to further enforcement.


Article. 8891. [the seizure of bank accounts held in foreign currency] If dealt with a bank account in a foreign currency, the bank shall submit to the bailiff in charge of Polish currency converted at the rate of buying foreign currency in which the account is maintained, as announced by the Polish National Bank on the date of transfer of duty bailiff.

Article. 890. [Addressing claims] § 1. Addressing the claims of the bank account in this bank account covering savings contribution is made to the debtor at the time notification of the Bank notice of the prohibition of payments from this account and also includes the amounts that were not in the bank account in this bank account involving a savings contribution at the time of his seizure, and have been paid into the account after the seizure.

§ 2. Resulting from the activities of claims ban on bank account withdrawals from this account are not affected by the current payments to pay for the work, along with taxes and other legal burdens and ordered alimony and annuities on the nature of the maintenance awarded as compensation-to the amount of the average wage from the preceding quarter issued by the President of the Central Statistical Office in the official journal of the Republic of Poland "Polish Monitor" on the basis of article. 20 of the Act of 17 December 1998 on pensions and the Veterans of the Social Security Fund (OJ of 2013. poz. 1440). The payment of the remuneration for work follows upon the bailiff a copy of payroll or other reliable evidence, and a withdrawal to alimony and maintenance pension-enforcement stating the debtor's obligation to pay maintenance or a pension.

§ 21. The Bank shall make the payments referred to in paragraph 2, on the basis of the authorisation of a bailiff. Alimony payments and child support pension follow into the hands of who is entitled to these benefits.

§ 3. (repealed).

Article. 8901 [termination of powers] if the address includes a claim resulting from a bank account used previously on the basis of the provisions laid down in the security security proceedings, the powers of obowiązanego to make a withdrawal from a bank account cease on the date of the seizure in enforcement proceedings.

Article. 891. [Overlapping execution] if the confluence of judicial and administrative enforcement of the same receivables from the bank account in this bank account involving a savings contribution of the debtor where the amount on the bank account in this bank account involving a savings contribution are insufficient to cover all the enforced the benefits, the bank is obliged to withhold from this account to the amount of the import duties, on whom the seizure occurred , and shall forthwith inform the competent enforcement authorities, which could according to the article. 773. the provision of article. 890 § 2 shall apply mutatis mutandis.

Article. 8911. [Addressing common account] § 1. On the basis of enforcement issued against the debtor can take claim of the joint to be carried out for the debtor and third parties. Further enforcement actions will be carried out following the debtor's account share common according to the agreement governing the conduct of the account, which the debtor is obliged to submit to the bailiff within one week of the date of the seizure. The provisions of wyjawieniu of property shall apply mutatis mutandis. If the contract does not specify the participation in the common or where the debtor does not submit the agreement, it is alleged that shares are equal. Once the debtor's share shall be the remaining shares from execution.

§ 2. In the event of attachment for the shareholders of the company, the bailiff shall notify other partners.

Article. 8912. [Execution of the joint account of the debtor and his or her spouse] § 1. On the basis of enforcement issued against the debtor, while married, you can lead the execution of the joint account of the debtor and his or her spouse.

§ 2. The provision of § 1 does not exclude the possibility of Defense spouse of the debtor by way of an action for an exemption from execution, if the spouses ' common account collected measures which do not fall into the personal property of the debtor, or measures that do not come from the downloaded by the debtor to pay for work, income received by the debtor from another income-generating activities, as well as the benefits derived from its copyright and related rights , industrial property rights and other rights of the creators.

Article. 892. [responsibility for caused damage] § 1. The Bank, which violated the Bank's responsibilities for the enforcement of the provisions of the bank accounts, including bank accounts including savings contributions, is liable for caused by a creditor.

§ 2. The provisions of article 4. 886 shall apply mutatis mutandis to the staff of the Bank guilty of unlawful withdrawal from bank account seized, including a bank account involving a savings contribution.

Article. 893. [the application of the provisions of the Act] to the effects of the seizure shall apply mutatis mutandis to article. 885, 887 and 888.

Article. 8931. [Addressing savings contribution] § 1. If the attachment of bank accounts, including savings contribution, that issued proof of registered or bearer, cannot be carried out in article mode. 901 due to inability to receive this document, the bailiff finds the fact that the Protocol and make savings contribution activities by directing to the proper bank branch notice of seizure. The seizure is made, at the time of service of this notice. As a result of activities carried out in this way the bank suspends any withdrawals from seized and shall notify the institution of the Bank, postal facility within the meaning of the Act of November 23, 2012 – the postal Law and other establishments that perform activities in this regard.

§ 2. The bailiff shall serve notice immediately seized the savings contribution instructions provided for liability to the debtor under § 3, if you take the amount of the used cartridge.

§ 3. A debtor who after the savings contribution classes take a contribution or part thereof, shall be subject to criminal liability as the removal of the property from execution.

§ 4. In addition, the bailiff shall forthwith serve notice of the seizure savings contribution to the creditor with the instruction that within two weeks from the date of the seizure of the contribution should apply to the Court for a waiver of passbook and notify the competent branch of the Bank, by delivery to the Bank at the same time a copy of the complex to the Court a proposal for initiation of remission passbook. In the event of receipt of a notice of the initiation of the remission passbook, Bank branch, after expiry of a period of three weeks from the date of the seizure, the savings contribution from this withholding recalls, which notifies the owner of the passbook.

§ 5. The proper Minister of public financies, in agreement with the Minister competent for communications and the Minister of Justice shall determine, by regulation, to notify banks, facilities within the meaning of the postal Act of November 23, 2012 – the postal Law and other outlets, having regard to the data contained in the notification, with a view to the smooth conduct of the execution.

Article. 8932. [Remission passbook] § 1. The Court will consider the request for remission of both passbook bearer, as well as books, on the basis of and as provided in the rules prescribed regulations of lost documents. In remission passbook may not be reported allegations concerning the merits of the creditor's claim. The costs of the proceedings shall be borne by the owner of the book. The Court shall send to the competent branch of the Bank of the extract of the final provisions on remission of the passbook.

§ 2. In case of redemption of the relevant passbook Bank branch shall issue in its place a new savings bank book, which after part of the savings contribution any sums to the amount of the import duties indicated in the title of the regulations with respect to enforcement costs, it seems the owner. In the event of a failure of the application for remission passbook Bank branch the matter immediately to the appropriate withholding a savings contribution and notify the owner.

Article. 8933. [the provisions of] the provisions of article 4. 8931 and 8932 shall apply mutatis mutandis in the event of inability to pick up another document, which is bound to claim ownership in the bank account.

Article. 8934. [application of the provisions of this chapter] the provisions of this chapter shall apply mutatis mutandis to the execution of the accounts held by the cooperative credit unions.

Article. 894. (repealed).



SECTION IV Enforcement of other claims to article. 895. [Property] § 1. Execution carried out under the provisions of this section belongs to the bailiff of the Court of general jurisdiction of the debtor, against whom enforcement proceedings are pending, and in the absence of grounds for its determination to the bailiff of the Court of general jurisdiction the person liable in respect of the debtor. When the person does not have enforcement belongs to the bailiff of the Court within whose area is the subject of the provision or right.

§ 2. If the exercise of the right of possession of the document, the bailiff of the Court in whose district the document is located.

§ 3. On the basis of an application for the initiation of execution of movable property the bailiff will also address the claims or other property rights, related to the possession of a document, if the document is in the possession of the debtor.

Article. 896. [the bailiff's Activities] § 1. Enforcement of claims the bailiff shall accede by its seizure. In order to deal the bailiff: 1) shall notify the debtor that he may not receive any benefits or dispose of used debt and laid down for her protection;


2) will call the debtor claims to due from him uiszczał not the debtor, but made it to the bailiff or the escrow account of the Minister of finance.

§ 2. Simultaneously with the occupation of the bailiff of the debtor, it will make claims to within a week made a statement: 1) whether and how much the debtor shall claim occupied, or refuses to pay and why;

2) or other people arrogate to itself the right to claim, whether and to what extent the Court or that the body takes place or fought the case of busy claim and whether and for which a claim has been addressed to the claims of other creditors by execution capacity.

Article. 897. [Addressing secured claims] § 1. In order to address the claims, which is revealed by an entry in the land register or by the deposit of an instrument to a collection, the bailiff at the same time as notice and summons of debtors in accordance with the preceding article shall forward to the court competent to carry out a request for a land register entry in it of the seizure or to submit the request to a set of documents.

§ 2. If you are located in the land register entries or in the collection of documents the documents constituting an obstacle to the consideration of the application, the court competent to carry out the land register shall notify the creditor and bailiff, specifying the time limit for the removal of the obstacle. The removal of obstacles to the creditor. To this end, the creditor may exercise the rights of the debtor. At the request of the creditor, the bailiff receives the debtor needed to this.

§ 3. After the expiration of the statutory period, the Court gave the proposal a bailiff and the bailiff barred enforcement. However, if a creditor within the time limit set by the Court to bring an action in order to remove obstacles, to dismiss the application and waiver of execution may not take place before the final result of the action.

§ 4. (repealed).

Article. 898. [Entry in the land register] Where to secure debt capacity is required for entry in the land register, the bailiff receives the documents to the debtor needed to make this entry and will report the application for registration on behalf of the debtor and of the simultaneous disclosure of activities.

Article. 899. [surety deposit] by making the classes of claims secured by a guarantee, lien or liquidations, the bailiff at the request of the creditor, shall notify the owner or guarantor, also the subject of the laden mortgage that secured claims benefits must not be paid to the debtor. The recipe article. 882 § 1 paragraph 2 shall apply mutatis mutandis.

Article. 900. [To address] § 1. The seizure is made upon a summons the debtor used. If it is necessary to address the entry in the land register, the claim is busy at the moment of the entry or submission of application documents collection and bailiff. However, and in this case, the seizure is effective already upon summons the debtor used, if such notification has occurred before.

§ 2. The seizure of the sums paid shall also cover the future payments periodic basis. Article. 883 § 2 shall apply mutatis mutandis.

Article. 901. [Addressing claims related to document] § 1. Classes of claims related to the possession of a document is effected by receipt of the document to the debtor or a third party. The recipe article. 845 § 2 shall apply mutatis mutandis. The following classes of such claims shall be made by selecting the protocol first.

§ 2. Of the bailiff of the debtor, the creditor shall inform the classes against which enforcement proceedings are pending, and the debtor used claims, and further activities also previous creditors.

§ 3. From the debtor used the claims related to the possession of a document requested by the officer to pay the requested sum, and if a claim is payable upon termination, denounces it. At the request of the creditor, the debtor, or of its own motion, the bailiff shall also, if precautionary steps needed.

§ 4. Seized securities on the securities account unsaved bailiff may sell via the investment firm within the meaning of the provisions referred to in article 1. 7521. Sales in this mode can take place within one month from the date of seizure. With the consent of the debtor, the sale may be made after that date. To determine the selling prices of the expert should be established. At the request of the debtor, the sale price may be indicated by him.

§ 5. If required with the Bill does not pay the requested sum, the bailiff sells the promissory note. Made by the bailiff endorsed is affected by the endorsement of the UNESCO-protected by the principal. If you have been placed on the Bill of Exchange, the words "not on the order of" or other reserved equivalently, the bailiff may move a Bill to the buyer only in the form and with the effect provided for in the rules of the transfer.

§ 6. To dispose of the Bills. 9041 shall apply mutatis mutandis.

Article. 902. [the application of the provisions of the Act] to the effects of the seizure shall apply mutatis mutandis to article. 885, 887 and 888, and the consequences of failure to comply with the subpoenas and bailiff to the obligations arising from activities – art. 886. 9021. [Powers resulting from the compensation clause] addressing the claims without prejudice to the powers arising from the contract set out in the compensation clause referred to in the Act of 2 April 2004 on certain financial security (OJ of 2012. poz. 942 and 1166 and 2013. poz. 1036).

Article. 903. [Performance with AC commitments] if the claim was addressed, which is the service of the undertaking with the laws of the debtor registered check AC, against which the action is pending enforcement proceedings, this right passes to the creditor, if the debtor, summoned by a bailiff to choose, within a week of the rights of use.

Article. 904. [consideration] If the obligation of the debtor used claims depends on the mutual benefits of the debtor against which the enforcement procedure, which is to release things in his possession, (a) the obligation to release this stuff has already been ordered by a judgment or found other enforcement, the bailiff receives the debtor used claims enforcement and enforceability on it receives the benefit of the debtor against which the enforcement procedure, if it is necessary to obtain the benefits from the debtor used.

Article. 9041. [the sale of receivables by way of auction or free-hand] § 1. At the request of the creditor of his meeting will be followed by the sale of receivables by way of auctioning or free-hand, if not precludes character used.

§ 2. The sale of used claims shall be made by auction carried out according to the regulations for the execution of movable property. The price of the call is three quarters of the total, which consists of the principal debt and the interest accrued to the date of the auction. The acquisition may not be less than the price of the call.

§ 3. With the consent of the debtor occupied claim may be sold with a free hand at the price indicated by him, if the sale does not affect the interests of the creditors. The debtor may also indicate to the purchaser and to determine the other terms and conditions of sale. The debtor's consent for sale with free hand is not needed when the debt was due before the date of the seizure. In this case, the sale price may not be less than four-fifths of the total, which consists of the main debt and interest accrued to the date of sale.

Article. 905. [Addressing claims] § 1. If busy has been the claim, by virtue of which they are to be issued to the debtor on the ownership of movable property, they will be issued to the bailiff at the place where they were to be issued to the debtor. The seizure of movable property is made by the same address claims about their release.

§ 2. Further execution of the movable property shall be carried out according to the regulations for the execution of movable property.

Article. 906. [Addressing real estate] § 1. If the claim was taken, whereby the debtor against which the enforcement procedure, as the owner is to be released on the property, the bailiff will give released the property in the debtor. At the request of the creditor, the bailiff shall establish a Governor of another person.

§ 2. The attachment of the property and the Management Board will be carried out according to the provisions on the enforcement of the real estate.

Article. 907. [ship entered in the ship register] Provision of the preceding article shall apply mutatis mutandis in cases where the subject of debt capacity is a ship entered in the ship register.

Article. 908. the [Executive Board], § 1. If after the claims sound exercise of rights of the debtor or the creditor, the Court at the request of a creditor or the debtor, as appropriate, shall establish the trustee or administrator. On order of the Court shall be entitled to appeal.

§ 2. To the Board of Directors shall apply mutatis mutandis the provisions of Executive Board in the course of the execution of real estate.



SECTION Iv Enforcement of other property rights Article. 909. [Execution of other property rights] Provisions for enforcement of the claim shall apply mutatis mutandis to the execution of other property rights if the following provisions provide otherwise.

Article. 910. [Addressing rights] § 1. Enforcement of property rights, the bailiff will proceed by addressing the rule of law. To this end, the bailiff: 1) shall notify the debtor that he may not dispose of, charge or implement used law, as well as not allowed him to get any exercise benefits with affected;


2) notifies the person who used the law is the responsibility of the debtor in relation to the obligation to pay the debtor does not adhere to, and the right of cash benefits uiszczała bailiff or an escrow account of the Minister of finance, and calls this person that within a week made a statement that other people arrogate to themselves the right to claim, whether and to what extent the Court or that the body takes place or fought the case of busy right as well as whether and on what the claim is directed to the enforcement of the affected rights.

§ 2. The right is occupied at the moment of delivery of the notice to the person who under the law is the duty of the debtor to pay the affected. However, if a notice of seizure has been served on the debtor before, the effects of the activities are against the debtor at the time of service of the notice of him.

§ 3. If the right to property, to be occupied, is such that there is no obligation of the debtor against the biased person marked the seizure is made, at the time of service of the notice to the debtor.

§ 4. To anyone who knew about the initiation of enforcement activities, the effects arise when the initiation of execution have the message, even though the notification referred to in § 1, has not yet been served.

Article. 9101 [Send the proposal for a] by making patent law classes, the right of protection for a utility model, the right design, the right decorative registration of the registration of a trade mark law, the registration of topographies integrated circuit, the bailiff shall send to the Patent Office of the Republic of Poland, the application for registration information on the occupation of the law to the appropriate registry.

Article. 9102. [the Manager] section 1. Under the attachment creditor may exercise all the powers of the debtor's property resulting from used the law, which are necessary to satisfy the creditor by way of execution, may also take all actions that are necessary to preserve the rule of law.

§ 2. If there is a need for the implementation of the other rights of affected rights than those mentioned in § 1, the Court, at the request of the debtor or the creditor or with the Office will establish an. The trustee shall apply mutatis mutandis the provisions of the Board of Directors in the execution of real estate.

Article. 9103. [Joint Property of the spouses] enforcement of property rights contained in the joint property of spouses shall apply mutatis mutandis the provisions of article 4. 9231. 9104. [the expert] § 1. To estimate the affected rights of the bailiff shall appoint an expert.

§ 2. Expert valuation is not needed, if the parties have agreed as the value of the seized or if the law within a period of three months before classes occupied the law was estimated for the purposes of marketing or by agreement established its value for such a market.

§ 3. In the cases referred to in § 2 of the law of value shall be the value of the rights determined in accordance by the parties or in the prior agreement or an estimate.

Article. 911. [description of affected rights] at the request of the creditor, the bailiff draws up a description of the affected property rights.

Article. 9111. [text description] the description of the bailiff will, in particular: 1) type used;

2) designation of persons entitled and the nature of their powers, or a statement about the lack of information about their existence;

3) the designation of the persons liable, if any, and the type of incumbent on them;

4) where there is a dispute as to the content or the nature of the rights conferred powers, the nature of the dispute, people coming to these claims, and the designation of the Court or other authority, in which the dispute itself takes place.

Article. 9112. [Notification of shareholders] § 1. The seizure of the debtor's rights accruing to him from the company in the event of civil or termination is made at the time of the notification of the debtor about the seizure. Of the seizure by a bailiff shall notify other partners, if their addresses are given to the bailiff by either party.

§ 2. The other partners within two weeks from the date of the seizure shall present a list of items to the bailiff, claims and rights of the debtor in the event of the company or its solution. The provisions of article 4. 886 shall apply mutatis mutandis.

Article. 9113. [Addressing shareholder participation] Addressing the participation of a partner in a company or shareholder rights shopping under the Act of participation in such company, the shareholder may dispose of, as well as the right to property, the bailiff shall inform the occupation of the company, and will report this fact to the Court rejestrowemu.

Article. 9114. [Addressing rights] Addressing the law also covers all claims and rights of the debtor of the claim affected, even if the law created after the seizure.

Article. 9115. [a call to meet the benefits] if used right is due and payable the claim, the bailiff will call the debtor used the claim to comply with the provision of the creditor or the bailiff. The provisions of article 4. 887 shall apply mutatis mutandis.

Article. 9116. [satisfy the creditor with the affected rights] § 1. Satisfaction of the creditor of the affected rights from income, if occupied, or income brings right or rights sales.

§ 2. Satisfaction with income or the implementation of the law, if not in article mode. 9115, followed by execution by the receivership. The provisions of article 4. 10641-106411 shall apply mutatis mutandis.

§ 3. (repealed).

§ 4. (repealed).

Article. 9117. [sale with free hand] § 1. If special provision provides otherwise, the bailiff may sell seized the right to free-hand at a price not lower than 75% of the price estimate. This sale cannot take place earlier than the fourteenth day from the estimate.

§ 2. At the request of the debtor, the creditor's consent, the sale is likely to occur without the estimation of the law. Sale for the debtor indicated the price might occur when there is found to be the interests of the creditors. The debtor must then indicate a minimum price below which the sale may not be made. The debtor may indicate the person or customer indicate several persons entitled to acquire, and the order in which the right of acquisition will be payable.

§ 3. If the sale does not come to fruition within a week of the day on which the creditor has consented to the sale, the bailiff sells occupied right by auction, unless the creditor agrees to sale with free hand.

§ 4. For sale by auction law shall apply mutatis mutandis the provisions of the contract of sale in execution of movable property. For sale by auction of securities referred to in article 1. (3) section 1 of the Act of 29 July 2005 on trading financial instruments did not apply article 5(1). 7 paragraph 1. 1 of the law of 29 July 2005 to the public offer and conditions for the introduction of financial instruments to organised trading, and public companies (OJ of 2013. poz. 1382) and art. 19 paragraph 1. 1 point 2 of the Act of 29 July 2005 on trading in financial instruments.

Article. 9118. [Execution of investments in financial instruments] § 1. Enforcement of the financial instruments on the securities account, or other account, the bailiff shall accede by their occupation. To this end, the bailiff: 1) shall notify the debtor that he may not receive any benefits, as well as dispose of, with the exception of the orders referred to in § 2, busy financial instruments or the values collected in the account;

2) will call operator of the brokerage business, where the debtor has an account, not to perform at the disposal of the debtor, with the exception of the orders referred to in paragraph 2, nor does it pay the debtor money placed on his account, but occupied the sum of money to the amount of duty bailiff released-its kind undertaking started or made a deposit to the account of the Minister of finance.

§ 2. If the debtor's account on sums of money are not sufficient to cover the claim, the egzekwowanego operator of the brokerage business, where the debtor has an account, immediately calls to the debtor within three days made the sales order to satisfy creditor over a period of a month, indicating that the deposited financial instruments to be subject to a sales order. If the seized financial instruments that were previously occupied on the basis of the provisions of the freezing order, disposition of the debtor on the orders of their sales will be made after the seizure in execution, if the sales order of which the debtor has made within the time limit referred to in article 1. 7521. § 3. If the debtor fails to make the steps referred to in § 2, or despite the implementation of these steps fails to sell financial instruments, leading the Bill within three days inform the creditor, through a bailiff, what financial instruments are placed on the account. Create consists of an order of sale selected financial instruments.

§ 4. In the event of a submission by the claimant within two weeks of the order referred to in section 3, or if the sale on behalf of the creditor did not come to fruition for a period of one year, the enforcement of the orders.

§ 5. If the attachment is made to two or more creditors, the order referred to in § 3, consists of a guardian as laid down in article mode. 908 unless creditors submit a proposal for the sale of financial instruments. In the event of the establishment of the curator, the term two-counts from the date of the appointment of a guardian.

§ 6. The provisions of § 1-5 shall not apply to the bulk account within the meaning of the provisions of the Act of 29 July 2005 on trading in financial instruments.


Article. 912. [Addressing the right to assets] § 1. If busy has been the law, under which the debtor may request the Department to seize the assets, includes everything that the debtor Department will appeal. Where the debtor receives from the property or fractional part of it, the Court shall notify the Department after the occupation of a Court of competent jurisdiction to carry out the land registry in order to reveal the seizure by the entry in the land register or notification to a set of documents. If the creditor within one month after the completion of the chapter has not requested to carry out the execution of property przypadłego property, the debtor, the execution of which does not require, to be free from seizure.

§ 2. Of the seizure law, under which the debtor may request section, the bailiff shall notify the designated by the creditor of the person against whom the debtor shall have the right to request section.



SECTION (V) Disclosure of assets Art. 913. [a list of assets, a promise] § 1. If the execution is still not the debtor in satisfaction of enforced or if the creditor demonstrates that, as a result of the execution has not been fully satisfying its entitlement, it may request the debtor's obligation to submit a list of assets with the details of things, and the places where they are, he claims, and other property rights and to make the promise, according to Rota: "Conscious of the importance of my words and accountability before the law to assure that made my list of property is true and complete.

§ 2. The creditor can require the definition of assets also prior to the initiation of execution: 1) uprawdopodobni that does not get to meet fully its dues from the known him or assets per debtor current periodic benefits for a period of six months;

2) after obtaining the enforcement debtor for payment of the dues it established called by registered letter with acknowledgement of receipt, (a) the debtor has not provide within 14 days from the date of service of the request for payment.

Article. 914. [request for disclosure of assets] § 1. Application for order the debtor disclose assets consists in the Court of general jurisdiction of the debtor.

§ 2. The application shall be accompanied by a copy of the Protocol of seizure or other documents justifying the obligation to disclose assets and, if applied for prior to the initiation of the execution, including the title.

Article. 915. [identification of the proposal for a] § 1. The Court recognizes the request after hearing the parties and, if you will.

§ 2. List and promise a court receives immediately. In justified cases, the Court may set a term to the debtor no longer than a week.

§ 3. On order of the Court in relation to the definition of the property is entitled to appeal. Lodging a complaint does not tamuje the execution of the wyjawieniu property. The Court may proceed in accordance with article. 396. 916. [coercive measures], § 1. If the debtor without excused reasons does not appear to the Court to make the list or oath or after facing a the list fails or refuses to answer the question he asked, or refuses to submit the pledge, the Court may convict him to pay a fine or oblige to bring and may impose house arrest less than a month, taking into account article 9. 276 § 2. Of the consequences of the debtor should be instructed in the call to the meeting. In the event of the implementation of the actions by the debtor or redemption proceedings, fines unpaid until then are cancelled.

§ 2. On order of the Court on conviction to a fine and detention decision shall be entitled to appeal.

Article. 917. [effects of the application of coercive measures], § 1. In case of application of the coercive measures, the debtor may at any time make a list and a promise. Where we used to arrest him, the debtor may request for appearance before the Court in order to make the list and the promise. In the event that the Court does not accept without delay a creditor calling list and receives a promise, then releases the debtor.

§ 2. A creditor who was not present at these activities, may require re-calls to the debtor him questions designed to detect objects, which could be facing execution. The failure of the debtor or the refusal to answer or additional deposit pledge entails the consequences referred to in the preceding article. Of the consequences of the debtor should be instructed in the call to the meeting.

Article. 918. (repealed).

Article. 9181 [Submitting a new list and pledge to] the debtor who has made a promise, or to which the coercive measures applied, is obliged to submit a new list and pledge at the request of the same or another creditor, when the provision of a pledge or the exhaustion of coercive measures ended a period of one year.

Article. 919. [statutory Representative] for a person who does not have the capacity to process list and promise is obliged to submit its legal representative.

Article. 920. [Execution carried out ex officio] § 1. The provisions of this chapter shall apply mutatis mutandis to the execution of the Office, as well as the enforcement of child support.

§ 2. In the event the execution of maintenance the court proceedings on disclosure of assets also at the request of the bailiff.

Article. 9201. [Disclosure of savings in bank accounts] § 1. The provisions of article 4. 913-917, 919 and 920 shall apply mutatis mutandis to the definition by the debtor State savings in bank accounts in connection with a request for the release of passbook or other proof of contribution. In the list of assets of the debtor is required to indicate whether and what savings he has in the bank account, the Bank in which they were collected, and if it does not have evidence, is obliged to indicate the person, which is the proof.

§ 2. The repeal of the debtor from the passbook or other suitable evidence or indications of the person with whom they are, cause such effects as the refusal to submit the list or answer the question (article 91).

Article. 9202. [powers of the clerk of the Court] Action provided for in this section, the Court may also be legal Secretary of the Court, with the exception of the use of coercive measures.



SECTION VI of the attachment of immovable property chapter 1 preliminary provisions Article. 921. [Property] § 1. The attachment of the property belongs to a bailiff acting on Court, in whose district the property is situated.

§ 2. If the property is situated in the several courts, the choice belongs to the creditor. However, with proceedings instituted at the request of one of the creditor will be joined to the proceedings initiated at the request of other creditors. To this end, the bailiff, who started the execution of the initiation, then the completion of execution shall notify the bailiff to whom, pursuant to the preceding paragraph, could be executed.

Article. 9211. [notice of the initiation of the Court and enforcement] of the initiation and execution of bailiff shall notify the Court by which it operates.

Article. 922. [participants] the participants in the proceeding in addition to creditor & debtor there are also people who have limited rights in rem, or claims or rights secured by the property, and when the subject of executions is the perpetual use, also the authority which has entered into an agreement for the use of perpetual.



Chapter 2 seizure of Art. 923. [Call of the debtor] as a result of the application of a creditor to initiate execution of the property mentioned in the proposal the bailiff calls the debtor to pay the debt within two weeks under pain of accession to describe and quantify.

Article. 9231. [the seizure of property in the composition of assets] § 1. Enforceable title issued against a person remaining in the marital relationship is the basis for the seizure of property in the composition of the assets. Further execution shall be allowed on the basis of enforcement issued against both spouses.

§ 2. If the spouse of the debtor indicated its opposition to the occupation, of the opposition proceedings the bailiff shall immediately inform the creditor that within a period of one week should be for the debtor spouse enforceability under pain of execution, remission of occupied property.

Article. 924. [request for] § 1. At the same time as you send the debtor a summons, the bailiff shall send to the Court to carry out the land registry a request for entry in the land register of the initiation of the execution or to submit an application to a set of documents.

§ 2. In case of redemption of enforcement proceedings the bailiff shall submit an application for cancellation of the entry in the land register of the initiation of the execution or for the removal of the application for the initiation of the execution of a set of documents.

Article. 925. [Addressing real estate] § 1. In relation to the debtor's property is occupied at the moment of delivery of the request to him. In relation to the debtor, which was not served with the summons, as also in relation to third parties, the property is occupied at the moment of the entry in the land register or request a bailiff to a set of documents.

§ 2. However, in relation to anyone who knew about the initiation of enforcement activities, the effects arise when the initiation of execution have the message, even if the call has not yet been sent to the debtor or the entry in the land register has not yet been made.

§ 3. Of the occupation of the bailiff shall notify the creditor.

Article. 926. [link matters] § 1. Enforcement pending as to several of the same property of the debtor or to several parts of the same property, as well as enforcement for a part of the real estate and its entirety, can be combined in a single proceeding, if this corresponds to the purpose of execution, and there is no legal or economic obstacles. The connection is managed by the bailiff at the request of one party, and when the properties are located in the districts of different district courts, the Superior Court of the District Court, in whose District opened the first execution.


§ 2. The procedure can be split if it continued to fall off the reasons that caused the connection.

Article. 927. [Second prompt] prompt, which directed the execution to the property after it was seized by another creditor, joins the proceedings initiated earlier and may not require repetition of the steps already made; Besides, has the same rights as the first prompt.

Article. 928. [Curator] in order to ensure that the rights of the person, whose place of residence is not known and which due to the absence of failed to effect service, at the request of the court bailiff will establish the curator to replace the absent person. The curator will implement its activities in the interest of other people, which in the further course of the proceedings, the service will not be able to be made. The curator may, however, represent at the same time the only people whose interests are not contradictory.

Article. 929. [scope of classes] § 1. The seizure includes property and all that under the provisions of substantive law is the subject of mortgage.

§ 11. Pick from the top by the debtor before the lease rent for longer than three months, and the rent of the lease for a longer period than six months, in both cases from the date of the seizure, shall not relieve the lessee or the lessee from the obligation to pay the rent into the hands of the bailiff.

§ 2. If the execution is carried out in search of insurance contracts or debts secured by mortgage, seizure shall also cover the rights arising from the insurance contracts to the items mentioned in the preceding paragraph.

§ 3. The bailiff's Office will examine whether movable property, debts or seized under the provisions of § 1 and § 2 are not burdened with the liquidations. The provisions of article 4. 8051 § 1 and § 4 shall apply mutatis mutandis.

Article. 930. [effects of seizure] § 1. Real estate regulation after its occupation has no effect on the subsequent procedure. The buyer may participate in a proceeding in the nature of the debtor. In any case, the execution shall be valid as against the debtor, as well as in relation to the customer.

§ 2. Regulation of the objects subject to seizure, together with real estate after their occupation are null and void. This does not apply to real estate manager regulations in terms of its statutory powers.

§ 3. The load on the debtor's property after the occupation and regulation opróżnionym place mortgage is invalid. If you type a mortgage secured by real estate after the forced her claim does not use priority to meet for a mortgage-backed debts.

§ 4. Donate used in real estate lending, leasing, rental or lease is ineffective against a purchaser of the property in execution.

Article. 931. the [Executive Board], § 1. Busy property is left on the Board, to which the provisions of the trustee.

§ 2. If a valid exercise of the Board so requires, the Court shall deduct the debtor management and will establish another administrator; the same goes for the set up of a liquidator.

§ 3. The Court gave the proposal for the establishment of another administrator, if the exercise of the Board of Directors requires the costs on which the cover is not sufficient for now, current income, and the applicant does not submit within a week of the amount designated by the Court.

§ 4. If the debtor to whom the Board of directors were deducted, at the time of the classes used in occupied property, you should leave it to him. The Court may, however, at the request of the creditor, order the withdrawal of the premises, if the debtor or his mind swam to the administrator in the performance of the Board of Directors. The trustee may employ the debtor and his family, for remuneration, that establishes the Court.

Article. 932. (repealed).

Article. 933. [real estate Board] If the administrator on taking up his duties of the Board of Directors meets an obstacle, the bailiff at the behest of the Court introduces him in real estate.

Article. 934. [income from immovable property] after the establishment of the officer Manager calls on indicated by the creditor to that from them as outstanding and future benefits, which represent income from real estate, uiszczały into the hands of the administrator. In the summons should be warned that the payment to the debtor will be ineffective against the creditor.

Article. 935. [Scope of the Board], § 1. The manager used real estate is obliged to perform the steps needed to run a proper economy. He has the right to charge the debtor instead of the all the benefits of real estate, redeem them within the limits of the normal Board and lead the case, that the implementation of such a Board will be needed. In matters arising out of the real estate Board of trustee may sue and be referred.

§ 2. The administrator may enter into such a commitment which may be satisfied with the income from the property and are economically justified.

§ 3. Activities that exceed the scope of day-to-day administration, the administrator can perform only with the consent of the parties, and, in the absence thereof, with the permission of the Court, that prior to the issuance of the provisions will listen to the creditor, the debtor and the trustee, unless the delay groziłaby.

Article. 936. [the lease and the lease of] the Board does not affect the rental agreement or lease in force at the time of its establishment. The administrator, however, allowed to speak this kind of agreement with the rules in force for the duration of the contract and accepted by the local custom. To real estate lease is required the consent of the parties, and in its absence-the authorization of the Court.

Article. 937. [Report Manager] section 1. The administrator shall submit to the Court at designated times at least once a year and after the completion of the report of the Board of Directors of its activities, as well as the documented accounting reports.

§ 2. The Court after hearing the creditors, the debtor and the liquidator, and after consideration of the reports, especially given the position in them, approve the report of the administrator or denied approval in whole or in part.

§ 3. On order of the Court in relation to the approval of a report entitled the complaint.

Article. 938. [the responsibility of Administrator] § 1. The administrator is responsible for damage caused as a result of incompetence.

§ 2. The Manager, who excused reason not submitted within a given time limit provided the report or did not perform other commands issued by the Court, may be sentenced to pay a fine.

Article. 939. [remuneration and reimbursement of expenses] § 1. The administrator may require remuneration and reimbursement of expenses, which, in conjunction with the Board suffered from its own funds. The amount of remuneration, the Court shall determine according to the workload and the profitability of the property.

§ 2. However, the administrator, who is a debtor, you should not be remunerated; It may only cover the use of the najkonieczniejsze property for own account and family size, which mark the Court and your expenses related to Board of Directors.

§ 3. (repealed).

§ 4. Claims for remuneration for the Board and for the reimbursement of incurred in connection with the management of the expenditure can not assert action. The administrator loses the claim if they are not reported within a month after the Board of directors or upon its end.

Article. 940. [Purpose of revenue] of the income from the property manager of the cover in the following order: 1) the costs of execution, along with his remuneration and reimbursement of their expenditure;

2) current receivables or real estate employees in establishments appearing on her and belonging to the debtor;

3) keep per pending Board of alimony granted feasible in a court from the debtor. This permission is not eligible for the family members of the debtor business with him in the common household at the time of the levy of execution;

4) current tax receivables from real estate and the current social insurance entitlements referred to in point 2;

5) liabilities linked to the performance of the Management Board;

6) insurance claims of real estate, its membership and benefits.

Article. 941. [the surplus] Surplus income after service expenditure referred to in article 1. 940, for time to the date of transition property to the buyer, the liquidator shall deposit on behalf of the Minister of finance. The surplus shall be attached to the money, which will be obtained for the property. If the execution is cancelled, this surplus is the debtor.



Chapter 3 for a description and an estimate of the Article. 942. [the application of a creditor] after the expiry of the period referred to in the summons the debtor to pay the debt to the bailiff at the request of the creditor shall describe and estimate the occupied property.

Article. 943. [documents] § 1. By request a description and estimation of a creditor should: 1) fold-lift and, where necessary, a copy of the land register or the certificate of the Court issued on the basis of a set of documents held for real estate, containing an indication of its owner and list of disclosed in this set, and if the property is covered by the real estate cadastre is a relevant extract as well;

2) indicate the place of residence of the party to the proceedings.

§ 2. If the property does not have a land register, a creditor should submit another document establishing ownership of the debtor.

§ 3. The documents referred to in the preceding paragraph may request from the competent authorities also bailiff.

Article. 944. (repealed).

Article. 945. [notice, notice] § 1. Of the date of description and estimate of the bailiff shall notify known participants.

§ 2. The bailiff calls by public notice in the building and on the premises of the Mayor (Mayor, city President) participants, of which there is no news, and other people arrogate to itself the right to property and items along with her busy to before completing the description entered their rights.

§ 3. The notice and the notice should be made no later than two weeks before the beginning of the description.

§ 4. If the description and evaluation has not been completed within the time limit set out in the notice, the bailiff of the completion of the description and estimate shall notify known participants and will notice pursuant to § 2.


Article. 946. [Auction subdivision of] § 1. At the request of a creditor or the debtor requested not later than when the description and estimate, as well as with the Office may be exposed to the auction floor area of the property, the price for calls to satisfy creditor enforcing. Of a second decides the bailiff after evaluation of the property.

§ 2. On order of the Court shall be entitled to appeal.

§ 3. In the event of separation of components, further treatment for the rest of the property will be suspended until the completion of the subdivision of the auction.

Article. 947. [text of the Protocol], § 1. In the protocol description and estimate of the bailiff replace: 1) the designation of the property, its boundaries, and as far as possible, its area and the identification of the land register or a set of documents;

2.) buildings and other facilities, with an indication of their economic destiny and affiliation, as well as real estate stocks covered by the activity;

3) identified the rights and charges;

4) of the insurance contract;

5) the person in whose possession the property is located, its affiliations and interests;

6) how to use the property by the debtor;

7) rating giving its grounds;

8) declared the right to property;

9) other details relevant for the determination or estimation of the real estate.

§ 11. If separate satisfaction, disclosure or the rights of occupied jointly with the immovable property pledge has been set up in the registry the description should mention the subject of the claim and liquidations-Laden, that this pledge secures.

§ 2. The Ordinance of the Minister of Justice shall determine the detailed how to describe and assess the property.

Article. 948. [the establishment of expert] § 1. Estimation of the real estate shall be appointed by the bailiff, the expert shall be entitled to estimate the real estate on the basis of separate provisions. However, if the property was in a period of six months before the activity estimated for the needs of the market and estimation of it corresponds to requirements of the estimation of the real estate in the execution of real estate, the new estimate does not.

§ 2. In an estimate you must provide separately the value of the property, buildings and other facilities, and membership benefits, and separately the value of the whole, as well as the value of the parts of the property, which according to the article. 946 was spun off the goal issue separately. These values should be reported as including, and without taking into account the rights, which shall remain in force without the purchase price and the value of unspecified monetary sum rights against the property, in particular, benefits in respect of such rights.

§ 3. Description and estimate of the individual should be subject to any property subject to execution if it is entered in the land register separately or is it a separate set of documents. However, if the enforcement pending for several real estate of the same debtor, entered in the separate Mortgage Register or for which are separate collections of documents, combined in one, is where the real estate is the whole business, describe and evaluate the whole and each of the properties.

Article. 949. [third party rights to the property] if they have been notified to the third-party rights to the property, buildings or other facilities, benefits or membership, or when such things are in the possession of third parties, shall be separately the value of the things the contested separately the value of the whole when you turn off this stuff, and finally the whole value separately so, taking into account, and without taking into account the rights, which shall remain in force without the cost , and the value of the rights of unspecified sum of cash, against the property, in particular, benefits in respect of such rights.

Article. 950. [description of the Dispute] the term challenge description and estimate of two weeks and run from the date of its completion. If the description and evaluation has not been completed within the time limit set out in the notice of appeal against the appointment to the count from the date of notification to the participant the notification referred to in article 1. 945 § 4, and for the participants, which was not served with the notice, from the date of the notice of completion. On order of the Court shall be entitled to appeal.

Article. 951. [additional description] if, in the State of real estate between the production description and estimate a date significant changes occur in the game, at the request of a creditor or the debtor may be accessory description and evaluation.



Chapter 4 Article auction Notice. 952. [the term] Occupied property is sold by public auction. The term of the auction may not be determined earlier than after the expiry of two weeks after the final description and evaluation, nor before the decision becomes legally binding judgment, on the basis of which enforcement was initiated.

Article. 953. [Notice] § 1. The bailiff will announce the auction by public notice in which the lists: 1) the property to be sold, with an indication of the place of its location and destination, name and surname of the debtor together with the land register and place her store or with a set of documents and the Court in which this collection is run;

2) time and place of the auction;

3) the sum of the estimate and the price of calls;

4) height, which bidder joining tender should submit, with the indication that the warranty can also be deposited in the savings booklet with the authorization of the owner of the books to pay the entire contribution pursuant to a final order of the Court for the loss of the warranty or any other indicated by the bailiff;

5) time in which, within a period of two weeks before the auction will be allowed to watch the property and view in the Court files of enforcement;

In addition, the notice should include: 6), that the rights of third parties will not be an obstacle to bidding and przysądzenia properties to the buyer without reservations, if these people before the start of the tender shall not submit proof that they have lodged an action for release of property or items with it seized from execution and received in this respect, the judgment also execution;

7) clarify that use of an easement and the right dożywotnika if they are not disclosed in the land register or by the deposit of an instrument to a set of documents and will not be reported no later than three days before the start of the auction, you will not be taken into account in the further course of the executions and expire as soon as the Decree of the przysądzeniu property.

§ 2. (repealed).

§ 3. (repealed).

Article. 954. [Service] notice of the auction are served: 1) participants in the proceedings;

2) body of the municipality, the Tax Office of the location of the property and the social security authorities with a call to the auction at the latest reported statement of taxes and other public Imposts due to betting.

Article. 955. [Notice the notice of auction] § 1. Notice of the auction must be at least two weeks before the deadline to announce publicly in a court building and in place of the authority of the municipality, in the official journal of the poczytnym in the village and on the website of the National Council of Bailiffs.

§ 2. At the request and expense of the party the bailiff may order notice also in other designated by it.

§ 3. In an announcement in the official journal of the just determination of the real estate, the time and place of the auction, the sum of the estimate and the price of the call and any warranty that the bidder should submit.

Article. 956. [Notice the notice of auction real estate in different judicial districts] If execution relates to one or more immovable properties located in different judicial districts, a notice will be placed also in all relevant courts, and if the notice is also published in the press, announces in the widely read journals in the districts of those courts.

Article. 957. (repealed).

Article. 958. [co-owner of agricultural real estate] § 1. As soon as the notice of auction of real estate in the composition of the farm współwłaścicielowi the real estate who is not the debtor, shall have until the third day before the auction the right foreclosed properties on the property at a price not less than the sum of the estimate. At the conclusion of the acquisition of the applicant should submit the warranty, unless the law from her releases.

§ 2. If several co-owners will report the request for acquisition, priority is enjoyed from them, who runs a farm or work in it. If this condition conforms more co-owners or does not comply with it none of them, the Court shall give priority ago współwłaścicielowi which gives the best guarantee of the proper conduct of the agricultural holding.

Article. 959. [Priority acquisition] about precedence of foreclosed properties in the two preceding articles, the Court settled by issuing an order for his return.

Article. 960. [transmission of court records] If no one from the right foreclosed properties on the basis of the three preceding articles before use or when the subject of execution is not agricultural property, the bailiff after notices submit files to the Court. In the event of a defect, the court proceedings for inaccuracies or insights to recommend their removal to the bailiff.

Article. 961. (repealed).



Chapter 5 auction Conditions Art. 962. [Warranty] § 1. Joining an invitation to tender is obliged to submit the warranty equal to one-tenth of the sum of the estimate, no later than the day prior to the invitation to tender.

§ 2. (repealed).

Article. 963. [Arrivals] Warranty made by bidder approved auctioneer stops; the other bidders to return it immediately.


Article. 964. [release warranty] § 1. Does not guarantee a person entitled to disclosure in the description and evaluation of the right, if its value is not less than the height of the warranty and if this height is it to cover the price of calls along with the rights identified in the description and evaluation, using precedence over its laws.

§ 2. If the conditions laid down in the preceding paragraph, the value is lower than the amount of warranty or right is only partial cover for the price of a call, the amount of the guarantee shall be reduced in the first case, the difference between the full warranty and the law, and in the second case, for part of the value of the law uncovered in the price of the call.

Article. 965. [Price call] the lowest amount for which a property can be purchased on the first bid (the price of calls), is three-fourths of the total estimate.

Article. 966. [the sum of insurance] Amount that falls at the time of the seizure on the basis of the insurance contract the debtor against which the enforcement procedure, passes to the purchaser and it's also in part not subject to seizure. By the sum of the purchase price is increased.

Article. 967. [Call bidder] after his return calls on the Court of the final bidder, which was high (the purchaser) to within two weeks of receipt of the request made to the escrow account of the Minister of finance the purchase price minus any warranty made in cash. At the request of the purchaser, the Court may determine a longer term of payment of the purchase price, but less than a month.

Article. 968. [Offsetting of claims against the price] § 1. The buyer may include on the price of their own debt, or part of it, if it is to cover the cost.

§ 2. With the consent of the creditor whose claim is covered by the purchase price, the buyer may claim this include on the price. The consent of the creditor should be validated with the signature document officially certified or expressed in the minutes of the Court no later than the date on which the buyer is obliged to pay the purchase price.

Article. 969. [effects of the failure to auction conditions] § 1. If the buyer does not perform within the terms of auction for payment of the price, you will lose the warranty, and the impact of auctioneer shall expire. Returns the part of the price paid. The consequences of this provision, the Court finds that a complaint is entitled to.

§ 2. From nieskładającego customer warranties, which did not perform the conditions of auction, pulls up the warranty in the execution of judicial duties.

§ 3. With the warranty lost by the purchaser, or downloaded from the bear the costs of enforcement related to the sale, and the rest is part of the sum obtained in execution, or if execution has been cancelled, is credited to the income of the Treasury.

Article. 970. [Re auction] after final provisions stating the expiry of nailing the creditor can require the designation of re.

Article. 971. [Limitation] Customer may not request cancellation of the acquisition of or reduction in price because of defects in the property or items purchased with it.



Chapter 6 auction of Art. 972. [the auction] Auction takes place publicly in the presence and under the supervision of a judge.

Article. 973. [Information] after the auction, the bailiff shall inform the current: 1) the subject of the invitation to tender;

2) the price of the call;

3) sum of the warranty;

4) the term of payment of the purchase price;

5) included on the property tax arrears and other public daninach, if the height of these sums is reported, with an explanation, which shall be borne by the purchaser without the purchase price;

6) right aggravating property, which will be maintained with cash and without the purchase price;

7) arising out of an act of a change in the facts and the legal property, if occurred after her description and evaluation.

Article. 974. [subject matter] the subject of the invitation to tender is the property as covered by the description and evaluation of the changes made by the bailiff at the time in the game.

Article. 975. [Sales Order] if it is to be sold some real estate or several parts of one property, the debtor has the right to indicate the order in which it is to be carried out tender individual property or part of it.

Article. 976. [Disable] section 1. In the invitation to tender may not participate: the debtor, the bailiff, their spouses, children, parents and siblings and persons present at the auction in an official capacity, the high bidder, who did not perform the conditions the previous bidding, the persons who may acquire the property only with the authorization of the public body, (a) the authorisation did not submit.

§ 2. Appearance of one bidder is enough to hold a tender.

Article. 977. [power of Attorney] a power of attorney to participate in the invitation to tender should be identified with the signature document officially certified. Signatures for the authorisations granted by State agencies or agencies of local government and the authorisations granted to lawyers or legal radcom do not require credentials.

Article. 978. [Form], § 1. The invitation to tender is done verbally.

§ 2. Behave may not be less than one percent of the price of calls, rounded up to the nearest whole.

§ 3. The quantity of price ceases to bind when another bidder bade the price higher.

Article. 979. [suspension of the tender, the remission of execution] § 1. If the same procedure is to be sold some property or some part of one property and if those that have already been sold, the price sufficient to satisfy the claims of the creditor and enforcement costs of enforcing, the bailiff will tender the remaining property or parts thereof.

§ 2. If the sum of the breakdown for sold some property or only certain parts of the property you will find that the creditor's claim and the costs of enforcement indeed are in that total, full coverage, enforcement of what the rest of the property or part of the property to be closed.

Article. 980. [the tender Closing] once the bailiff postąpień, anticipating the current, that after the third notice further bid will not be accepted, obwieści three times last zaofiarowaną price closes tender and replace the bidder, who bade the highest price.

Article. 981. [waiver of execution] if the claim of the creditor will be paid along with the costs prior to the closure of the invitation to tender, the bailiff barred enforcement.

Article. 982. [the acquisition of agricultural real estate] § 1. If betting no one signed up for tender, and the property is subject to such measures, the co-owner of the property put up for bid, other than the debtor shall have the right to personal ownership of foreclosed properties at a price of not less than three-quarters of the total estimate. Article. 958 § 2 shall apply mutatis mutandis.

§ 2. The application for the acquisition of immovable property shall be notified within one week of the auction, when at the same time the warranty, unless the Act the applicant from her releases.

§ 3. If betting no one signed up for tender and subject to execution of the cooperative is entitled to ownership of the premises, the mortgage creditor can take it for a price not less than three-quarters of the sum of the estimate; the request to take charge shall be notified within a week of the auction. Create mortgage does not make warranty.

Article. 983. [Re auction] If no one reported the request for acquisition of property in the preceding article or item of execution is not agricultural property, the bailiff at the request of the creditor shall designate a second bid, for which price is the call for two-thirds of the total estimate. This price is the lowest, for which you can buy the property.

Article. 984. [the acquisition of real estate ownership] § 1. Also, if the second auction no one shall accede to the invitation to tender, the acquisition of real estate ownership can take place at a price of not less than two-thirds of the total portion of the estimate, the takeover law entitled the enforcing creditor and hipotecznemu and współwłaścicielowi. If the property is subject to such measures, article 12 shall apply. 982 of resulting from this provision to change the price of the acquisition. Where the persons referred to in article 1. 982 does not benefit from the law of foreclosed properties, this right shall have also a creditor enforcing and hipotecznemu. 

§ 2. The application for the acquisition of the property a creditor should submit to the Court within a week after bidding, when at the same time, the warranty, unless the law from her releases.

§ 3. If several creditors shall submit an application for the acquisition, priority is enjoyed those who bade the price higher, and at equal prices – whose debt is greater.

Article. 985. [waiver of proceedings], § 1. If, after the second betting none of the creditors took over the ownership of real estate, foreclosure cancellations and new attachment of this property may be initiated only after the expiry of 6 months from the date of the second auction.

§ 2. If a request for the initiation of a new execution of an application has been received before the expiration of three years from the date of the second auction, the bailiff shall make a new description and estimate only at the request of a creditor or the debtor. The debtor may submit such a request before the expiry of two weeks from the date of delivery of the request for payment to him again, what it should warn when delivery of the summons.

Article. 986. [action on the actions of the bailiff] Complaint to the bailiff's activities in the course of the auction until the closure of the invitation to tender shall be reported orally to the judge the regulatory body, which immediately settles it.



Chapter 7 the affixing of an Article. 987. [Order] after the closure of the invitation to tender, the Court in the person of judge, under whose supervision the auction takes place, it seems to open order as to the auctioneer on behalf of the bidder, who bade the highest price, after listening to so it, and present participants.


Article. 988. [Notice] § 1. Provision for his return to announce immediately after the completion of the tender; You can, however, be postponed by a week the announcement, if the reported complaint, whose immediate settlement is not possible, as well as other important reasons.

§ 2. If a complaint or complaints lodged in the course of enforcement proceedings are not yet legally settled, the Court may suspend release of provisions for the award of the auctioneer.

Article. 989. [For nailing] When the acquisition of ownership of real estate is to take place after the niedojściu the second auction, the Court shall provide arrival to the transferee the property after hearing the applicant and the participants, if they come to the meeting.

Article. 990. [Order] in order for his return lists the name of the buyer, the property, the date of the invitation to tender and the price of the purchase.

Article. 991. [denial of arrivals] section 1. Court refuses to fix due to infringement of the rules of conduct in the course of the bidding, if these shortcomings may have a significant impact on the outcome of the invitation to tender.

§ 2. The Court also refuses to fix, if the proceedings were subject to the withdrawal or suspension, or if a participant has not received notice of the auction, unless the violation of his rights, or that being on the bidding without complaint for this failure.

Article. 992. [Re auction] if the Court refuses to fix, the bailiff at the request of the creditor shall designate a reassessment.

Article. 993. [new Administrator] § 1. If the adjudication follows immediately after the completion of the tender, the Court at the request of the buyer, who bade the highest price, may, if the Governor is the debtor, subtract him Board and establish another administrator.

§ 2. After his return, the Court will issue an order referred to in the preceding paragraph, at the request of the purchaser or participant to the proceedings. The buyer may be on their own request established administrator if, in addition to any warranty made in cash shall not be less than the fifth part of the purchase price or, if this amount entitled to the right to pass its claims on account of the purchase price.

§ 3. In the event of expiry of the impact of auctioneer without simultaneous redemption of the execution of the Court shall issue an order to the person of the administrator, if the former Governor was the buyer.

Article. 994. [in respect of the Duty of the Board] If the buyer does not obtain przysądzenia property, rental per title of the Board will be covered with priority over other monetary liabilities made against the prices outside of warranty.

Article. 995. [the right to ownership of the przysądzenia] the person to whom the contract is awarded, the auctioneer will auction conditions, if obtained, the right to its przysądzenia property.

Article. 996. [Service] provision for his return, which are steeped in a private session, are served on the creditor, the debtor, the purchasers and the persons who in the course of bidding challenged activities related to the granting of auctioneer, as also the administrator who is not the debtor, and the provision on non-arrivals-creditor, debtor and the bidder, who bade the highest price.

Article. 997. [Complaint] order of the Court as to the auctioneer shall be entitled to appeal. The basis of the complaint may not be such an infringement of the provisions of the proceeding, which shall not affect the rights of the complainant.



Chapter 8 Przysądzenie ownership of the Article. 998. [Order], § 1. After validation by the purchaser and auctioneer auction conditions or provisions to establish the purchase price and the payment of the whole price for the State where the Court makes an order for the przysądzeniu property.

§ 2. On the order of what the przysądzenia property are entitled to the complaint. The basis of the complaint cannot be misconduct before which the auctioneer.

Article. 999. [effects of implementations] § 1. Final determination of ownership to the buyer ownership moves przysądzeniu and is entitled to disclose to the buyer ownership in the real estate cadastre and the land register entry or by the deposit of an instrument to a set of documents. Final order of przysądzeniu is the title of the regulations for the introduction of the buyer in possession of real estate and empty on the premises without the need to give him the enforceability. The recipe article. 791 shall apply mutatis mutandis.

§ 2. From the moment on which the provisions of the przysądzeniu property for the benefit of the purchaser belong to him the benefits of real estate. Recurring deductions from property payable to the public legitimacy of the ownership of the przysądzeniu shall be borne by the buyer. The provision of non-repeating under public law shall be borne by the buyer only if their payment is the date on which the provisions of przysądzeniu or after that date.

§ 3. (repealed).

Article. 1000 [of the law], § 1. As soon as the Decree of the przysądzeniu ownership expire all rights and the consequences of the disclosure of the rights and claims of personal obligations on the property. To place these rights arises from the right to the satisfaction of the purchase price of the priority provided for in the rules about the breakdown of prices obtained from execution.

§ 2. They shall remain in force without the deduction of their value from the purchase price: 1) of the law on disclosure of real estate under the Act;

2) (repealed);

3) easement road necessary and the Covenant established in connection with the crossing of the border by the erection of buildings or other device;

4) easement.

§ 3. Remain in force also disclosed by the entry in the land register or the deposit of an instrument to a collection or undisclosed in this way, but reported no later than three days before the date of the auction, use, easements and rights of dożywotnika, if you are entitled to priority over all mortgages or if the property is not the mortgages to pay or if the value of the use of easements and rights, dożywotnika is full coverage in the purchase price. However, in the case of the final value of these rights will be offset against the purchase price.

§ 4. Provision of section 1 shall not apply with respect to the obligations on the property of the cooperative ownership and tenant rights. These rights, on which the provision for przysądzeniu property, become, respectively, in the law of tenancy, the right of separate ownership of the premises or in the ownership of the House.

Article. 1001 [Covenant ground] at the request of the owner of the władnącej estate, reported at least three days before the date of the auction, the Court may order that the easement of land that is not full coverage in the purchase price, will be maintained in force, if it is for real estate władnącej you need, and not burden substantially biased value of the property.

Article. 1002. [Letting and leasing] upon which the provisions on przysądzeniu ownership of the buyer enters in the debtor's rights and obligations arising from the letting and hiring ratio according to the law in the case of these relations 87(2) and disposal rented or leased. Where the tenancy agreement or lease of immovable property concluded for the time was marked more than two years, customer may terminate this agreement, within one month of the date the provisions of przysądzeniu property, with an annual notice, provided that such contract does not provide for a shorter period, even if the contract was concluded with a written form and with a date certain, and the thing was a tenant or lessee.

Article. 1003. [Cancellation rights and mortgages] § 1. Valid for przysądzeniu property, together with the draft terms of Division sum obtained from execution is the title that you want to plot in the land register or in a set of documents of all rights, which according to the distribution plan expired.

§ 2. On the basis of the provisions of the przysądzeniu property is deleted all incriminating mortgage property, if the provision stated by the purchaser to pay the whole of the purchase price in cash.



Chapter 9 attachment of the fractional part of the property and usufruct Article. 1004. [the application of the provisions on the enforcement of the real estate] for the enforcement of a part of the real estate, as well as to the execution of the usufruct, shall apply by analogy the provisions on execution of real estate subject to the provisions below.

Article. 1005. [notice] about the occupation of a part of the property the bailiff shall notify the other joint owners, and the occupation of usufruct is also the owner of the property and the competent authority of the administration or the competent municipality.

Article. 1006. [use of perpetual] § 1. If the subject of enforcement is perpetual use, include perpetual use of land and building on top of it privately owned perpetual user along with appurtenances, namely: 1) belongings, owned perpetual user and you need to use the subject of perpetual use in accordance with its intended purpose, if you remain with the subject in the actual relationship, corresponding to this objective, and appurtenances owned building perpetual;

2) rights arising from insurance contracts for items subject to seizure, and liabilities of these contracts already accruing.

§ 2. The seizure also includes items listed in paragraph 1 of the preceding section introduced later and later erected buildings and planted the plants, as well as the law of insurance contracts later.

Article. 1007. [the Board part of fractional] when the subject of the Board of Directors is the fractional part of the real estate, the administrator will only work within the limits of the powers of the debtor as a co-owner.


Article. 1008. [suspension and remission of conduct] if the execution is carried out with the usufruct, shall be suspended, if the competent authority has requested termination usufruct. Enforcement may be taken at the request of the creditor, if the Court determines that there are no grounds for termination usufruct. In the event of termination of the agreement usufruct, the bailiff redeems the enforcement proceedings.

Article. 1009. [description and assessment] in the event of enforcement referrals to a part of the description of the property and estimate shall be subject to all of the property. The sum of the estimate is that part of the relevant part of the sum of the estimate of the entire property.

Article. 1010. [Record in the Protocol] if the subject of enforcement is the use of a perpetual, the Protocol lists the final date of the usufruct and revealed in the land register how to use of the site by perpetual.

Article. 1011. [use of perpetual] if the subject of enforcement is the use of a perpetual, for przysądzeniu this right does not affect the limited rights in rem in immovable property arising before its dedication in perpetual use.

Article. 1012. [the fractional part of the estate] where the subject is the fractional part of the property, shall remain in force without the deduction of their value from the purchase price of the load that the fractional part of the property revealed by an entry in the land register or the deposit of an instrument to a set of undisclosed and in this way, but reported no later than three days before the date of the auction, if they were established before the creation of the co-ownership.

Article. 1013. [Mortgage] provision for fractional ownership przysądzeniu portion of the property does not affect the aggravating it mortgages registered before the creation of the co-ownership.



SECTION VIa the simplified enforcement of property Article. 10131. [the provisions of chapter] section 1. The provisions of this chapter shall apply to the execution of land not built on real estate and real estate residential building up or utility, if at the time of submission of the application for the initiation of enforcement has not been a notice of completion or not he has made an application for a permit for use within the meaning of the law.

§ 2. The provisions of this section shall also apply to the part of the designated real estate for sale in article mode. 946, if part of the separate property is referred to in § 1.

§ 3. In matters not regulated by this section shall apply mutatis mutandis the provisions of the preceding section.

Article. 10132. [description and estimation of real estate] § 1. The bailiff at the request of the creditor shall immediately after will describe and assess the property based on the value specified by the expert. The recipe article. 948 § 1 shall apply mutatis mutandis.

§ 2. By making the seizure, the bailiff, as far as possible, protect the building or premises against entry for it in the possession of the debtor or a third party. If necessary, the bailiff shall establish surveillance of the building or premises. Caretaker may also be created. To the supervision shall apply mutatis mutandis the provisions of dozorze of movable property.

§ 3. If in the course of the description it appears that the property does not correspond to the requirements set out in article 11. 10131, further enforcement takes place in the provisions of the preceding section.

Article. 10133. [sale with free hand] § 1. If the niezabudowaną dirt road property was addressed, which is not charged to a third party, the bailiff will offer it for sale with a free hand at a price not lower than the value of the estimate. If the parties did not identify the buyer, search mode this mode sets the Court.

§ 2. The sale will occur after a period of two weeks from the date of description and estimate. For sale the bailiff shall inform participants pursuant to article 18. 954. § 3. If the sale with free hand will not happen within one month from the date of the end of the description and estimation of real estate sales in article mode. 10136. 10134. [disposal of other property] article. 10133 shall apply by analogy to the disposal of the other property, to which the provisions of this chapter, if the estimation of the real estate has not been contested by the debtor. With the consent of the debtor, the sale of free-hand may occur also in other cases. but then the debtor can determine the minimum price and the buyer.

Article. 10135. [Protocol] § 1. In its activities relating to the sale, referred to in the provisions of the preceding, the bailiff draws up a Protocol, in which you replace with the name of the person accepting the offer to acquire real estate, as well as the amount of its entire purchase price; then, without delay, submit to the Protocol, together with the acts of the Court.

§ 2. On the basis of the Protocol of the bailiff, as referred to in § 1, and on the basis of a case-file the court order on the przysądzeniu property, which takes the property to the purchaser. In order to use przysądzeniu the complaint only the debtor, and only when, the enterprise violated the provisions of the minimum price.

§ 3. In the event of infringement of the provisions of the assessment and the minimum price for the sale, the court denies the przysądzenia property and return the files to the bailiff, who again conducts investigation according to the provisions of this chapter.

§ 4. In the event of a finding that the property is not subject to sale under the provisions of this chapter, the Court recommends the bailiff conducting further executions under the provisions of the enforcement of the real estate.

§ 5. In the event of a court the provisions requiring re-sale or carry out further steps according to the provisions on the enforcement of the property, the bailiff shall immediately return to the successful tenderer the amount of the deposit on the purchase price.

Article. 10136. [for sale by auction] § 1. If the estate does not occur in sales mode, free-hand, the property is subject to sale by auction, which auction shall apply in the execution of movable property. Of the date of the auction, the bailiff shall notify the participants in the proceedings pursuant to article 18. 954. § 2. After payment by the purchaser of the sum of the Court shall issue an order for the przysądzeniu property. After validation of this provision, the bailiff shall draw up draft terms of Division sum obtained from execution.



SECTION VII Enforcement of sea-going vessels Article. 1014. [the application of the provisions on the enforcement of the real estate] enforcement of sea-going vessels in the shipping registry shall apply mutatis mutandis the provisions on execution of real estate with the changes indicated in the following articles.

Article. 1015. [Property] Enforcement belongs to the bailiff of the Court in whose jurisdiction the ship is at the time of the initiation of the execution.

Article. 1016. [annex to the request] the request for the initiation of the execution creditor must attach proof that the ship is entered in the register.

Article. 1017. [Holding and supervision] § 1. At the same time as you send the debtor a summons to pay the bailiff will order holding the vessel and shall establish supervision.

§ 2. The ship is busy at the moment of need. Of the seizure should also notify the debtor and an owner who is not the debtor.

§ 3. To the keepers shall apply mutatis mutandis the provisions on execution of movable property for the caretaker.

Article. 1018. [Notice] notice of the initiation of the execution of the bailiff in the Court building display and place it in the official journal of the poczytnym in the village and on the website of the National Council of Bailiffs.

Article. 1019. [notice of auction] auction Notice at least two weeks before the auction display in the judicial building and announce in the official journal of the poczytnym in the village, as well as on the website of the National Council Chamber, as well as upload maritime administrations for the appropriate field port, where the ship is located, and the home port of the vessel in order to display in these ports.

Article. 1020. The attachment of property [] participate in the ship belongs to the bailiff of the Court within whose area is the home port of the vessel.

Article. 1021 [Ships not included in the Register-Book] Enforcement of the shipping register niewpisanych is carried out according to the regulations for the execution of movable property.

Article. 1022. [a foreign Vessel] § 1. Enforcement of foreign vessel located in the territory of the Republic of Poland shall take place according to the provisions of this section, if the following provisions provide otherwise.

§ 2. In the application for the initiation of the execution creditor indicates the registry to which the vessel is registered, unless this is impossible or excessively difficult.

Article. 10221. [notice the foreign register authority] of the seizure of the vessel shall notify the foreign register authority also bailiff.

Article. 10222. [the application of the provisions of the Act] if the request for payment may not be served on the debtor, since it resides on or does not have a seat at the indicated address in documents of the foreign ship, the recipe article. 802 shall apply mutatis mutandis.

Article. 10223. [Establishing the curator] in the event of death or liquidation of the debtor following the initiation of enforcement proceedings by the Court at the request of the creditor establishes a guardian for him. Article 5(1). 819 shall not apply.

Article. 10224. [description and estimate of the seized ship] description and estimation of the foreign vessel seized the bailiff without the application of a creditor shall be made immediately after the expiry of the deadline the debtor to pay the debt.



SECTION VIII Division totals obtained with the enforcement of Chapter 1 General provisions article 1. 1023. [draft terms of Division] § 1. Enforcement authority shall draw up draft terms of division among the creditors the sum obtained from the execution of real estate.

§ 2. Draft terms of Division must be done even if the sum obtained by execution of movable property, remuneration for work or claims and other property rights is not sufficient to satisfy all creditors.

Article. 1024. [Content of the plan], § 1. In the Division include: 1) sum of the photographs of the Division;

2) claims and the rights of persons involved in the Division;


3) sum, what is each participant;

4) amount to be paid, as well as the amount that is left on the custody of the Minister of finance, with an indication of the reasons justifying the suspension of their payment;

5) of law disclosed by the entry in the land register or the submission of documents to the collection that have expired as a result of the przysądzenia property.

§ 2. The benefits of repeated the current instalment claims included in the plan of Division, if they became due and payable before the date of the plan. Interest and other benefits of the current account shall be taken of, which had accumulated to that date. This does not apply to public tributes per immovable property.

Article. 1025. [the order of satisfaction of claims] § 1. The amount obtained from the execution of the meets in the following order: 1) enforcement costs;

2) maintenance duties;

3) for work for a period of 3 months to the amount of the lowest salary for work specified in separate regulations and pension compensation for causing the disease, inability to work, disability or death, and the cost of an ordinary funeral of the debtor;

4) receivables secured by mortgages and privilege on the marine vessel;

5) receivables secured by mortgages, Lien, liquidations and tax lien or benefiting from statutory priority and rights that have committed on the property before making an entry in the land register of the initiation of the execution or prior to a set of documents of the application for such entry;

6) for work unsatisfied in the order;

7) charges to which the provisions of chapter III of the Act of 29 August 1997-tax (OJ of 2012. poz. 749, with further amendments), unless they have been satisfied in the order of the fifth;

8) (repealed);

9) claims of creditors who ran execution;

10) other receivables.

§ 2. After settling all claims are meeting the penalty and the judicial and administrative fines.

§ 3. Equally with the dues are meeting the interest and the costs of the proceedings. With priority equal to the fourth and fifth categories benefit all claim to provide collateralised by side separate provisions. Claims for benefits not covered by any protection side in the tenth, unless payment would meet in the category earlier. The same applies to claims for benefits dożywotnikowi.

§ 4. If the subject of the execution of the cooperative is entitled to ownership, claim housing for niewniesionego construction contribution related to this law shall meet before the claim secured in this almost with a mortgage.

§ 5. Claims of the buyer arising from property development to withdraw from the contract referred to in article 14(2). 3 section 5 of the Act of September 16, 2011, on the protection of the rights of the purchaser of a dwelling or a House (OJ No 232, poz. 1377 and 2015. poz. 978), or from a development contract claims in the course of reorganisation proceedings or, subject to reimbursement of the amount obtained from the execution of the real estate on which the development project is being carried out, on the same basis as a claim under the contract, development of priority arising from the disclosure in the land register which the purchaser claims development agreement also in the case when the entry about the disclosure of this claim has been cancelled.

Article. 1026. [Satisfaction according to priority] § 1. If the sum of the breakdown of the subject is not sufficient to meet in full all claims and rights of the same category, were included in the article prior to the fourth and fifth categories will be satisfied in the order corresponding to the przysługującemu them precedence, while others claims is relatively up to each of them.

§ 11. If the amount obtained from the execution of the meeting are the subject of both mortgage-backed debt, and rights or claim on the property included, of priority between a mortgage and those rights or claims are resolved, which counts the effects of the entry of the mortgage, right or claim to the land register.

§ 2. A separate creditor the sum falls primarily to the costs of the proceedings, then the interest, and finally to a total of dłużną.

§ 3. In the case of enforcement proceedings pending for several properties of the same debtor, the amount of available after meeting the claims assigned to the higher category to meet obligations on real estate mortgages, and the rights and claims that have expired as a result of the przysądzenia property, the spoils so much part of how much of the property was the subject of a connected, in this respect, in so far as the value of each property to the value of the economic whole remained you create these properties. Mortgages, claims and rights assigned at the property meets only in that part of the sum, which corresponds to the value loaded them. The remainder of the sum of the shares pursuant to § 1.

Article. 1027. [notice, the allegations] § 1. The completion of the draft terms of Division shall be notified to the debtor and persons participating in the Division.

§ 2. The allegations against the distribution plan may be lodged within two weeks from the date of the notification to the enforcement authority, which it drew up.

§ 3. Of objections made to the Bailiff decides the Court.

Article. 1028. [the plan], § 1. If the allegations was not within the time limit prescribed, the enforcement authority will proceed to the implementation of the plan. Bringing allegations pauses execution plan only in part, which the allegations relate.

§ 2. As a result of bringing charges, the Court, after hearing the persons concerned would approve or amend the plan. In the proceedings that the Court does not recognize a dispute as to the existence of the rights covered by the plan.

§ 3. On order of the Court shall be entitled to appeal.

§ 4. The execution plan in part affected by the allegations after the final order of the Court, unless it is stopped by the precautionary measures in dispute to establish existence of the rule of law.



Chapter 2 Allocation of the sum obtained by execution of the remuneration for the work of Art. 1029. [draft terms of Division] § 1. On the basis of a statement of the employer of the debtor's earnings and an inventory of claims and the rights of persons involved in the Division shall draw up a distribution plan, bailiff, what percentage falls on each creditor participation in the totals for each of the debtor's salary by the employer withheld and paid to the bailiff. If the bailiff may not make a distribution plan on the basis of the statements of the employer, shall produce it as soon as possible after the submission of the deposit to the account of the Minister of finance the sum subject to any revenue sharing.

§ 2. Together with the draft terms of Division to be served with a copy of the statement of the employer of the debtor's salary.

Article. 1030. [Participants sharing] by the sum obtained in the same manner as provided for in article 4. In addition to the enforcing creditor 1029 participate: creditors comprising enforcement with proof of service of the request for payment to the debtor, the creditors, who have precautionary measures, and the creditors entitled to contractual right pledge and who proved it in the official document or private officially signed and stamped, as well as the creditors entitled to the statutory right to a lien and have them document, if its not later than on the date on which the claims made on behalf of the Minister of finance deposit sum which any revenue sharing.

Article. 1031. [the Division amount] the amount recovered and deposited on an escrow account of the Minister of finance is set immediately to the bailiff before percentage among the creditors involved in the Division, unless as a result of changes to the basics of distribution to be determined new percent. The sum payable to pay the bailiff shall be paid, if there are less than twenty dollars, unless the claim does not exceed this amount.

Article. 1032. [Deposit] § 1. Rental per creditor yet non-enforcement left to deposit on the account of the Minister of finance.

§ 2. If within one month after the final plan for the allocation of non-resident creditor enforcement does not provide evidence of action to order him to claim, you will lose your right to the amount remaining in the deposit.



Chapter 3 Partition the sum obtained by execution of movable property, debts and other economic rights Article. 1033 [Plan, the application of the provisions of the Act], § 1. Draft terms of Division shall draw up the bailiff shall immediately upon deposit to the account of the Minister of finance the sum which any revenue sharing.

§ 2. If the execution is carried out with claims to subject the provision of current, shall apply mutatis mutandis to article. 1029 § 1 and article. 1031. 1034. [the application of the provisions of article 6 and 1030 1032]. 1030. 1032 also apply in proceedings by an EU in this chapter. In the distribution of the sum obtained from the execution of the places also claims liquidations, if zastawnikowi has the right to meet with the subject matter of enforcement and the rights of its official document proved by on the day of application for the escrow account of the Minister of finance the sum which any revenue sharing.



Chapter 4 the breakdown of the sum obtained by execution of real estate Article. 1035. [draft terms of Division] immediately after the deposit to an escrow account of the Minister of Finance of the sum which the bailiff Division shall draw up a draft plan for dividing the sum obtained from execution and submit it to the Court. If necessary, the Court shall enter in the amendments and additions to the plan; otherwise, the plan commits.

Article. 1036. [Participants sharing] section 1. Broken down in addition to enforcing creditor to participate:


1) creditors comprising enforcement with proof of service of summons the debtor to pay, if they reported not later than the date on which the provisions of the przysądzeniu property.

2) creditors who obtain precautionary measures if they reported not later than the date on which the provisions of the przysądzeniu property.

3) persons who have acquired the property before the rights stated in the description and evaluation or reported and proven at the latest on the day on which the provision for his return;

4) workers to found a document for a job if they reported their claims before drawing up the draft terms of Division.

§ 2. If the mortgage debt is not found the title Executive rental per creditor hipotecznemu leaves on a custody account, the Minister of finance.

Article. 10361. [Participants in the execution of duties, which, according to the provisions of the law are the subject of mortgaging] If execution also took charges of insurance contracts or items, claims and rights which under the provisions of the law shall be subject to the mortgage, in the Division also participates the creditor whose claim has been on these separate satisfaction, disclosure or rights secured by liquidations.

Article. 1037. [deduction of receivables] § 1. In drawing up the draft terms of Division, if it turns out that the buyer paying the price, bumped the claim that it is not, the court order will require the purchaser to supplement the money within a week. On order of the Court shall be entitled to appeal.

§ 2. In the Division of the Court replace the person to which the customer is the sum of the per. In this part of the draft terms of Division will provide for them to be enforceable against the customer.

§ 3. Prompt, which is assigned to a claim against the buyer acquires by virtue of the same right of mortgage on real estate sold. Disclosure of mortgage in the land register or set the following documents at the request of the creditor.

Article. 1038. [Mortgage kaucyjna] § 1. If the mortgage is not exhausted and can still serve to protect the creditor, the rest of the sum will remain on deposit account of the Minister of finance until the termination of the legal relationship, justifying the use of mortgages.

§ 2. In the case of a mortgage a few claims, when the total amount of the claims exceeds the sum mentioned in the mortgage, and created pointed to the day on which the provisions of the przysądzeniu property, which claims and how much to be settled, caters to all claims in proportion to their height.

Article. 1039. [total Security] If a claim is secured on a couple of real estate including, a creditor should before the decision becomes legally binding the provisions of the przysądzeniu ownership make a statement whether and in what amount of requests to meet with each of the sold property. If this date does not make, and divided the sum is to be obtained only from one real estate, his claim will be accepted for settlement in its entirety; If you are splitting the sum obtained from the sale of several, including weight-bearing property for debt including secured will be from each of the sums subject to any revenue sharing that part, which corresponds to the ratio of the remaining amount after settling debts with higher priority to the total of these amounts.

Article. 1040. [Deposit] § 1. The sum of the separate for the satisfaction of claims, payment of which is dependent on the condition or suspending the outcome of the dispute, in which the creditor has obtained precautionary left to deposit on the account of the Minister of finance.

§ 2. The sum of the separate dependent claims to meet the condition to solve will be delivered to the creditor. However, if the obligation to return security to the creditor under an existing between him and indebted to the legal relationship, the Court will order filing a separate sum of deposit to the account of the Minister of finance.



TITLE III special provisions for the execution and enforcement of non-cash benefits Article. 1041. [the acquisition of things], § 1. If the debtor has issued to the creditor for the mobile, the bailiff of the Court within whose area the benefit is, take it to the debtor and the creditor.

§ 2. If due to the type of things the immediate physical it over is not possible, the bailiff enters a creditor in possession of things in accordance with the provisions of the civil law.

Article. 1042. [the inability to issue] if the things received the debtor could not immediately give the creditor, the bailiff will submit it to the legal deposit or give for safekeeping at the expense and risk of the creditor.

Article. 1043. [third person] if the thing belonging to the debtor in the possession of a third party who does not agree to its release, the bailiff will take claim of the debtor for the stuff.

Article. 1044. [Collection of things] If a creditor requests to receive things took place in his presence, the bailiff shall notify him of the date of receipt, and if the creditor fails to appear does not proceed to completion.

Article. 1045. [Disclosure] If the bailiff does not find debtor thing or document that is to be received, the Court at the request of the creditor, the debtor ordered to revealed, where they are located, and that he promise that his statements are true. Provisions concerning the pledge at wyjawieniu property shall apply mutatis mutandis.

Article. 1046. [Edition], § 1. If the debtor has to pass the property or vessel or empty room, the bailiff of the Court in whose jurisdiction these things they are, will call the debtor to voluntarily comply with this obligation within the appropriate time limit, after which the expiration will make the steps needed for the launch of the creditor in possession.

§ 2. (repealed).

§ 3. (repealed).

§ 4. By performing the obligation to empty the place to meet the housing needs of the debtor on the basis of title, which does not follow the law of the debtor's premises, the bailiff of the debtor removes the replacement or social to another place or premises to which the debtor is entitled to title and in which you can live. If the debtor is not entitled to title to another place or premises in which you can live, the bailiff abstains from performing activities until such time as the competent municipality due to the location of the premises subject to the empty, at the request of the bailiff, the debtor temporary room, not longer than for a period of 6 months. After the expiry of this deadline, the bailiff will remove the debtor's night shelters, hostels or other establishments providing accommodation indicated by the right because of the location of the premises subject to the emptying. Removing the debtor to hostels, hostels or other establishments providing accommodation, the bailiff shall notify the competent municipality about the need to ensure that the debtor is temporary.

§ 41. (repealed).

§ 5. The bailiff may not abstain from performing an Act, if the creditor or the debtor or the third party will indicate the space corresponding to the provisional requirements of the room.

§ 51. If the debtor does not have the right to a temporary facility, the bailiff will remove the debtor's night shelters, hostels or other establishments providing accommodation, as indicated by the bailiff at the request of the appropriate due to the location of the premises subject to the emptying.

§ 6. (repealed).

§ 7. (repealed).

§ 8. (repealed).

§ 9. In carrying out the execution, the bailiff will remove the movable property which are not subject to such measures and give them to the debtor and, if his absence will leave the adult of his housemates, if and and it is not possible, shall establish dozorcę, instructing him about the duties and rights of the caretaker set up by attachment of movable property, and give him removed movable property for safekeeping at the expense of the debtor.

§ 10. If you call the caretaker the debtor within the time limit, being not less than 30 days, at the request of the Court of movable tangible property, does not receive the caretaker and after hearing of the debtor to find their sales, and if the movable property or values do not represent the sale proves ineffective, the Court indicates otherwise regulation thing including their destruction.

§ 11. The Minister of Justice shall determine, by regulation, a detailed procedure to empty the place, or premises or for the issue of the property, with a view to protection against homelessness people evicted and the smooth conduct of the execution.

Article. 1047. [Declaration] § 1. If the debtor is required to make a valid will, the statement marked the decision of the Court of committing to make a statement is replaced by a statement of the debtor.

§ 2. If a declaration will be dependent on the provision of mutual creditor, the effect referred to in the preceding paragraph shall be incurred until the moment of final judgment to give enforceability.

Article. 1048. [disclosure of rights] where a disclosure on the basis of the judgment creditor's rights by entry in the land register or in the registry, or by the deposit of an instrument to a set of demands the previous disclosure of the rights of the debtor, the bailiff at the request of the creditor, the debtor receives the documents needed to make the entry to the debtor or to harvest and submits them to the Court to conduct a land register, or a set of documents.


Article. 1049. [execution of operations by the creditor] § 1. If the same title except as enforcement, that in the event of default by the debtor within the time limit, which may also perform activities by another person, the creditor will be empowered to do this at the expense of the debtor, the Court in whose jurisdiction the action is to be performed, at the request of the creditor, the debtor will call for its implementation within the prescribed period, and after the expiration of the term to provide elegant attachment to the implementation of activities at the expense of the debtor. At the request of the creditor, the Court will grant him the sum needed for the implementation of activities. On order of the Court shall be entitled to appeal.

§ 2. The provisions of this article shall not apply to operations involving the supply of things labeled as to the identity.

Article. 1050. [the term] § 1. If the debtor has to execute an action, which the other person do it may not, and which depends only on the execution of his will, the Court in whose jurisdiction the action is to be performed, at the request of the creditor, after hearing the Parties shall designate a term for the debtor and threaten him with a fine in the event within the time limits of the steps did not perform.

§ 2. If you follow the steps requires the expenditure of money or delivery of the materials, and the obligation to deliver them to the creditor, the Court will proceed to enforcement in accordance with the preceding paragraph only after proof by the claimant that these steps, which depends on the part of the debtor, unless enforcement provides in this respect, the other order.

§ 3. After expiration of the deadline the debtor to comply with the Act, the Court, at the request of the creditor imposes on debtor fine and at the same time designate a new date for the implementation of the Act, with the threat of a fine surowszą.

Article. 10501. [the threat of an order for payment to the creditor a certain sum of money for each day of delay] § 1. In the situation referred to in article 1. 1050 § 1, the Court, at the request of the creditor, can instead of the threat of a fine, after hearing the parties, threaten the debtor nakazaniem pay to the creditor a certain sum of money for each day of delay in implementing the Act, regardless of the claims of the remedies available to a creditor on general principles. The recipe article. 1050 § 2 shall apply mutatis mutandis.

§ 2. After expiration of the deadline the debtor to comply with the Act, the Court, at the request of the creditor directs the debtor to pay to the creditor the sum of money. The same court will behave in the event of a further application of the creditor. A final order of the Court is the title of the regulations for the benefit of the creditor without the need to give him the enforceability. The Court may also, at the request of the creditor from the debtor due to him increased sum of money.

§ 3. In the event of the implementation of the actions by the debtor after the expiry of the deadline, the court-appointed creditor may apply for order the debtor to pay the sum of money on his behalf, within one month from the date of activity.

§ 4. By specifying the amount of money referred to in § 1, the Court will take into account the interests of the parties in such a measure, in order to ensure the feasibility of the obligation referred to in the title of the regulations and the debtor does not charge more than need.

Article. 1051. [failure to act], § 1. If the debtor has an obligation to refrain from a certain action or do not disturb the operations of the creditor, the Court in whose jurisdiction the debtor has acted contrary to its obligation, at the request of the creditor, after hearing the parties and finding that the debtor has acted contrary to the obligation imposed on him a fine. The same court will behave in the event of a further application of the creditor.

§ 2. In addition, the Court may, at the request of the creditor, the debtor is obliged to protect the injury, looming as a result of further action against the debtor to the creditor. In its order, the Court may indicate the height and duration of the protection.

§ 3. If the same title except as enforcement that if you make a change contrary to the obligation of the debtor the creditor shall be entitled to remove this change at the expense of the debtor, the Court at the request of the creditor, after hearing the Parties shall authorize the creditor to remove this change at the expense of the debtor. At the request of the creditor, the Court will grant him the sum needed for this purpose. In the event of the debtor's resistance to the Court at the request of the creditor to recommend removal of the bailiff.

Article. 10511. [order for payment to the creditor a certain sum of money for violation] § 1. In the situation referred to in article 1. 1051 § 1, the Court, at the request of the creditor, after hearing the parties and finding that the debtor has acted contrary to the obligation may instead of the imposition of a fine to order the debtor to pay to the creditor a certain sum of money and made to pay a specified sum nakazaniem money to threaten any subsequent breach of the obligation, pursuant to its contents, regardless of the claims of the remedies available to a creditor on general principles.

§ 2. After finding that the debtor continues to act contrary to the obligation, the Court, at the request of the creditor, after hearing the parties, directs the debtor to pay the sum of money to the creditor. The same court will behave in the event of a further application of the creditor.

§ 3. The provisions of article 4. 10501 § 2 sentence third and fourth. 10501 § 4 and art. 1051 § 2 and 3 shall apply mutatis mutandis.

Article. 1052. [Fine] in one order, the Court may impose a fine not exceeding ten thousand dollars, unless double fine timing turned out to be ineffective. The total amount of fines in the same case may not exceed one million dollars. In the event of the implementation of the actions by the debtor or redemption proceedings, fines unpaid until then are cancelled.

Article. 1053. [replacement of fines on house arrest], § 1. Consoling himself by giving a fine, the Court determines that at the same time – in case of non-conversion of fines on house arrest, after one day of detention from fifty to one thousand five hundred dollars. The overall duration of the pre-trial detention may not exceed six months in the same case.

§ 2. If the debtor to whom the subpoena was directed, is a legal person or other organization, the coercive measures shall be subject to its employee responsible for failure to comply with the summons, and if they determine that the employee was hampered, coercive measures shall be those entitled to represent.

Article. 1054. [the readiness of the Act], § 1. If the enforcement proceedings shall be terminated either by the debtor as a result of pre-trial detention raises the willingness of the Act, the Court decides to release him immediately and notify the creditor. The debtor who reported readiness to comply with the Act, the Court shall appoint an appropriate deadline for its implementation.

§ 2. If the debtor after the release of the steps with the Court, lingered at the request of the creditor, after hearing the parties orders the execution of custody until the end of the designated previously.

§ 3. If the debtor has reported back to the implementation of the Act, the Court may refuse to release him from custody before the end of the designated time.

Article. 1055. [Complaint] order of the Court of what to call the debtor to comply with the Act, the threat of a fine and its conversion into jail, what to protect creditor's injury and the provisions referred to in article 1. 10501 § 1-3 and art. 10511 § 1 and 2, shall be entitled to appeal.

Article. 1056. [Arrest], § 1. House arrest is performed by embedding a debtor in a room intended for that purpose, separate from persons deprived of liberty in criminal proceedings and administrative mode. The debtor should, however, while in custody, according to be employed within the limits of its ability to hire or reward possible. With the earnings of its covers mainly the cost of implementation of custody.

§ 2. The command seat of the debtor in the custody of the Court directs to the bailiff of the debtor's place of residence. If the debtor does not reside in the District Court which meted out fines with house arrest, the Court may ask for the enforcement of pre-trial detention to the District Court in whose jurisdiction the debtor resides.

§ 3. The costs of the implementation of pre-trial detention should be covered by the earnings of the debtor. The creditor is obliged to submit in advance to the bailiff of the sum needed to bring the debtor's seat and on the Board it for the duration of the restraint; This does not apply to cases where the creditor uses the exemption from court costs.

Article. 1057. [Order], § 1. Managing the execution of custody, the court bailiff warrant in writing with justification. With the accession to the execution of the bailiff handed him the debtor.

§ 2. For the enforcement of pre-trial detention in relation to the debtor who is a soldier in active military service or a police officer, Government Protection Bureau, the Agency of internal security, intelligence agencies, the Central Anti-corruption Bureau or the border guard, the Court asks the Commander of a military unit or up to the appropriate Commander or the head of the organizational unit of the police, Government Protection Bureau, the Agency of internal security, intelligence agencies, the Central Anti-corruption Bureau or the border guard in which it fully service, by submitting to this end. For the enforcement of pre-trial detention in relation to the debtor as a professional soldier in the designated position at the service of the Military Counterintelligence Service or military intelligence Service or a Service Officer of the military intelligence Service or Military Counterintelligence Court returns to the head of the Military Counterintelligence Service or the head of the military intelligence Service by sending it to that end.

Article. 1058. [prohibition of the execution of detention] § 1. In relation to persons whose health may be exposed to the danger of detention does not perform up to their recovery.

§ 2. At the request of either party and for its cost to manage to investigate the health status of the debtor by a doctor.

Article. 1059. [Release] with a valid reason, the Court may release the debtor from custody for no longer than a week.



TITLE II specific provisions for enforcement with the participation of the State Treasury and entrepreneurs Chapter 1 General provisions


Article. 1060. [Execution involving the Treasury], § 1. If the debtor is the Treasury, prompt-indicating the enforcement-calls for the fulfilment of the State directly benefits the organizational unit from which the activities of this service; This unit shall meet immediately the provision established enforcement.

§ 11. In cases of damages caused by the release of the Act, the regulation of the Council of Ministers or other authority constitutionally to the appointed, in conformity with the Constitution, ratified international agreement or the law, as well as for damages caused by the issue of such a normative act, which provides for the issue of obligation law, prompt-indicating enforcement calls directly provision to meet the proper Minister of the Treasury that is required to fulfill the service immediately found enforcement of the measures established in the framework of the budget of the special-purpose reserve.

§ 2. If the enforcement order, including the payment of money, shall not be made within two weeks from the date of service of a summons referred to in § 1, the creditor may apply to the Court for the title egzekucyjnemu enforceability in order to carry out the execution of a bank account the right of the State of the organizational unit. In the case referred to in section 11, the execution is carried out with bank accounts to handle the central State budget current account.

§ 3. If within the time limit referred to in the preceding paragraph is not made enforcement including the provision in kind, the Court, at the request of the creditor, shall designate a term for the fulfilment of the provision to the competent supervisor of the State of the organizational unit and the head of the fine imposed in the event of failure to provide within the prescribed period.

Article. 1061. [company, farm] § 1. The debtor established in the form of a business or a farm, where enforcement is directed to the things necessary to conduct this activity, may apply to the Court to exclude this thing out, indicating in the application components of his possessions, from which it is possible to satisfy the claim of the creditor in return for tax-exempt. Exemption from seizure the Court after hearing the parties, taking into account the interests of debtor and creditor, next to also the socio-economic importance of the debtor's business. Upon the release of provisions exempting from seizure in respect of the replacement property specified in the order followed by the effects of the seizure. The bailiff will immediately steps related to the occupation. Request for exemption from seizure may be requested also in the complaint on the steps of a bailiff.

§ 2. On order of the Court of appeals serves the exemption.

Article. 1062. (repealed).

Article. 1063. [release conditions] in the course of the execution of cash benefits from the State Treasury does not make warranty.

Article. 1064. [Delegation] Minister of Justice shall determine, by regulation, the manner of conducting the execution of fines and penalty sentences in civil proceedings, and court fees and other costs of the proceedings in civil cases, the legal remedies available to Treasury, having regard to the efficiency and effectiveness of enforcement.



Chapter 2 Execution by the management of the mandatory Article. 10641. [receivership] § 1. Against the debtor established in the form of an undertaking or of an agricultural holding is allowed the attachment of income derived from these activities through the establishment of the Board forced on business or farm.

§ 2. The Board established pursuant to section 1 shall apply mutatis mutandis the provisions of Executive Board in the course of the execution of the property, taking into account the articles below.

Article. 10642. [Application] section 1. In the application for the initiation of the receivership should specify the enterprise or agricultural holding or part thereof.

§ 2. The application shall be accompanied by information about the bailiff enforcement proceedings against the debtor carried out all of the property of the undertaking or part of an agricultural holding.

Article. 10643. [identification of the proposal for a] § 1. The request for the initiation of the receivership Court recognizes a private session.

§ 2. Order on application shall also be indicated in the proposal to the creditors leading execution of property contained in the enterprise or farm.

§ 3. On order of the Court shall be entitled to appeal to the parties and to the creditors, who will lead the execution of the property of the undertaking or part of an agricultural holding.

§ 4. The deadline for the lodging of complaints by creditors, referred to in § 3, not in the application, from the date of receiving the news about the initiation of the execution.

Article. 10644. [jurisdiction] to carry out the execution by the Board forced the Court in whose jurisdiction the Head Office of the undertaking or in whose jurisdiction is located the farm. If the farm is located in the several courts, the choice belongs to the creditor. If enforcement is limited to the part of the undertaking or holding, the Court in whose jurisdiction this part is located.

Article. 10645. [Limitation of enforcement] Enforcement by the receivership may be limited to part of the undertaking or the farm, if part of this is economically isolated, and the income derived from this part of the Board of Directors of the debtor of compulsory just for the satisfaction of claims of enforced.

Article. 10646 [Conducting the execution of cash benefits] § 1. Carrying out the execution of cash benefits, including administrative enforcement of the components of the property contained in the undertaking or holding the debtor, does not preclude the levy of execution by the receivership if it brings a promise not yet leading execution or, if at the time of the initiation of the receivership is clear that prompt operator execution is in progress in the receivership met within a period of six months from the date of its opening.

§ 2. In the event of a levy of execution by the receivership in cases referred to in § 1, previously initiated executions redeems the date on which the court order to initiate execution of the receivership, and creditors existing under the law to join an under the provisions of this chapter.

Article. 10647. [Establishing the Board prior to the initiation of the execution] If prior to the initiation of the execution of the Board of Directors has been established on the farm or of the debtor in the proceedings, after the initiation of the execution of the Board will be guided by these provisions.

Article. 10648. [request entry] by issuing an order to initiate execution of the receivership, the Court shall send to the Court to carry out the land registry for immovable property part of the undertaking or holding the application for registration of the establishment of the Board of Directors of compulsory in the land register or an application to a set of documents.

Article. 10649. [invalidity of legal acts] legal acts of the debtor relating to the property covered by the Board made after initiation of enforcement are void. For the determination of the date of creation of the legal effects of the levy of execution carried out according to this chapter, the provisions of article 4. 910 shall apply mutatis mutandis.

Article. 106,410. [the Manager] section 1. The court appoints an administrator any natural or legal person designated by the parties, from among persons having a license restructuring advisers.

§ 2. In the absence of agreement between the parties, the Court shall appoint a manager of the persons identified in section 1.

§ 3. The provisions of § 1 and § 2 shall apply mutatis mutandis to the revocation or amendment of a liquidator.

Article. 106,411 [Sale] § 1. In particularly justified cases, the trustee can sell real estate, movable property or rights forming part of the undertaking or managed a farm in part exceeding the scope of the day-to-day administration and cast them in a rental or lease only with the consent of the Court. In the case of sales orders, the Court specifies the conditions of sale. To the valuation of assets sold, the Court may appoint an expert. This provision shall also apply to the termination of the agreement or lease and to load the managed property mortgage, Lien, liquidations and przewłaszczeniem.

§ 2. On order of the Court in relation to the activities referred to in paragraph 1, the parties, the administrator and the persons whose rights or action was available to address the complaint.

§ 3. Surplus income after service expenditure as indicated in article 1. 940, the liquidator shall pay the creditor. In the event of multiple debtors the payment follows with the General provisions of the respectively applicable on the sum obtained from enforcement and the rules on the sum obtained from the execution of real estate. The amount of outstanding claims, the trustee shall deposit on the account of the Minister of finance.

Article. 106,412 [prohibition of execution by other means], § 1. Following the initiation of the execution by the receivership to conduct the execution of cash benefits in other ways from the part of the debtor's business or farm is unacceptable. Other creditors can join the receivership. This provision shall apply mutatis mutandis in the event of subsequent referrals execution against the debtor. In this case, art. 773 shall not apply.


§ 2. If the revenue obtained from the receivership suggest that it is impossible to satisfy all creditors within a period of six months from the date of joining to the execution of the last of the creditor, the creditor, which during this period will not be met, it may request the initiation of the execution of the components of the property contained in the enterprise or farm subject to receivership. You must request the property from which the enforcement is to be carried out. On order of the Court of execution shall be entitled to appeal.

§ 3. Conducting the receivership does not preclude execution against the debtor to carry out non-cash benefits and enforcement to abolish the ownership of property by public sale. If in the course of the execution debtor is obliged to release the movable property, or property or to the empty spaces, which are in the possession of the trustee, such obligations incumbent on managers.

§ 4. The exemption of property into separate executions according to the provisions of § 1-3 tamuje not continue execution by receivership unless due to the scope of exemptions to further her is pointless. In such a case, the court orders the execution of the receivership. The creditors, who conducted the execution by the receivership, may within a period of two weeks from the date on which the provisions on remission of this enforcement request referrals to enforcement of property that was included in the execution, and that has not been previously excluded from. By that time, the property is subject to seizure under the law.

Article. 106,413 [draft terms of Division] § 1. The liquidator shall draw up draft terms of Division sum obtained from execution.

§ 2. On the draft terms of Division sum obtained from the execution of an action shall, which shall apply mutatis mutandis the provisions of the complaint on the steps of a bailiff.

§ 3. General provisions the breakdown of totals derived from the execution of and the provisions of Division sum obtained from the execution of real estate shall apply mutatis mutandis.



Chapter 3 Enforcement by sale of the company or the farm Article. 106,414 [Enforcement by sale of the company or the farm] § 1. Enforcement by sale of the company or the holding belongs to the Court in whose jurisdiction the Head Office of the undertaking or by the debtor where the debtor has an agricultural holding.

§ 2. To the sale of the undertaking or holding the debtor shall apply mutatis mutandis the provisions on the enforcement of the real estate, if the provisions of this chapter provide otherwise.

Article. 106,415 [Order to initiate execution of the] § 1. By issuing an order to initiate a foreclosure, the Court shall establish a receivership over the business or farm subject to sale. To the Board of Directors shall apply mutatis mutandis the provisions of article 4. 10641-106411.

§ 2. Order to initiate execution of the Court shall send to the Court to carry out the land registry for immovable property of the undertaking or part of an agricultural holding. A Court of competent jurisdiction to carry out the land register with the Office shall make an entry of the initiation of the execution or order made to a set of documents. In the event of a levy of execution against a trader subject to entry to the relevant registry, the Court shall send the order to initiate execution with a view to submission to the registry. In addition, the Court will order a notice of initiation in the official journal of the executions nationwide and in the official journal of the poczytnym on the premises of an undertaking or of an agricultural holding and on the website of the National Council of Bailiffs.

Article. 106,416. [Validation to order of the Court], § 1. The conduct of the execution of the components of an undertaking or of an agricultural holding, including administrative enforcement, shall not prevent the initiation of execution by sale of the company or the holding, if it brings the debtor or creditor operating execution as well as when it is clear that enforcement by sale will satisfy the creditors, who had initiated the execution. On order of the Court is a complaint.

§ 2. As soon as the Decree instituting the court order enforcement in the mode indicated in § 1, executions initiated earlier redeems, and existing creditors by law to join the executions carried out according to the provisions of this chapter.

Article. 106,417 [balance sheet] § 1. The administrator shall draw up a balance sheet of the company or the holding of the debtor.

§ 2. If the debtor and creditors have determined that not all of the company's sales prices or farm, the valuation of the company or the holding shall be made at least two experts. In the event of a discrepancy in valuation made by an expert, the value of a business or a farm shall be determined by the Court.

Article. 106,418 [sale with free hand] § 1. At the request of the creditor or debtor, the Court may decide that the sale of the business or farm will be free-hand by the administrator. The sale may not occur below the estimate, unless the debtor and all the creditors agree to consent.

§ 2. By issuing an order for the sale of free-hand, the Court shall designate a term during which the sale is to be made, and shall specify the search mode of the buyer, if the parties do not agree. The term of sale may not be less than one month and no more than two months. The time limit starts from the date of posting of the notice in the official journal of the national scale or in the Gazette and the economy.

Article. 106,419. [Notice] § 1. The Court will order the notice provisions, referred to in article 1. 106,416, in the official journal of the national and in the official journal of the poczytnym on the premises of an undertaking or of an agricultural holding and on the website of the National Council of Bailiffs.

§ 2. The release of provisions requiring a sale Manager notifies participants pursuant to article 18. 954. 106,420 [Bidding] § 1. If the first sale with free hand do not come to fruition, the Court will issue an order mandating the sale by auction, unless the creditors agree to a reassessment of the sale with free hand.

§ 2. Auction leads the administrator under the supervision of a judge. The judge shall immediately provide nailing the person who offered the highest price.

§ 3. After payment of the price the liquidator not later than one month from the sale agreement the buyer includes business or farm. In the event of failure to contract due to the fault of the administrator, the buyer may request a refund of the price and it is believed that the auction does not come to fruition.

§ 4. The auction shall apply mutatis mutandis the provisions of auction of real estate.

Article. 106,421. [preservation of powers] § 1. The sale made pursuant to the provisions of this chapter shall not affect the rights arising from mortgages, liens, liens and other registered encumbrances in rem in immovable property or debts, prosecution of rights included in the business or farm. Their value is subject to passing on the purchase price.

§ 2. The sale made under the provisions of this chapter shall not affect the powers of the registered lien zastawnika zastawnicza if the agreement provides for the prohibition of the disposal of the subject of pledge.

Article. 106,422 [liability] § 1. The buyer of the business or farm in executions carried out according to the provisions of this chapter is liable jointly and severally with the debtor shall be disclosed in the course of the execution of the obligations related to running a business or a farm according to the rules referred to in article 1. 554 of the civil code.

§ 2. If prior to the conclusion of the contract of sale of the undertaking or holding the buyer repaid or assumed the obligation, referred to in § 1, the value of the seized accounts receivable are classified as to the purchase price. If the purchaser has previously paid the price of the niepomniejszoną of this value, the manager asks him to excess within one week from the date of conclusion of the contract of sale. Credit or refund of surplus will be done on the basis of official documents or private officially signed and stamped, showing payment or assumption of the obligations set out in paragraph 1.

Article. 106,423. [the Division amount obtained from the sale of] for the allocation of the amount obtained from the sale of the company or the holding shall apply mutatis mutandis the General provisions of Division sum obtained from execution and the provisions of Division sum obtained from the execution of real estate.

Article. 1065. (repealed).



SECTION III Enforcement in order to abolish the ownership of property by public sale Article. 1066. [the Elimination of ownership] in enforcement proceedings instituted on the basis of enforcement, and aimed at the abolition of the joint ownership of property by public sale, shall apply mutatis mutandis the provisions on execution of real estate with the changes indicated in the following articles.

Article. 1067. [proceedings] proceedings may be initiated ex officio or at the request of any of the joint owners on the basis of title, which stipulates that the abolition of joint ownership is to be carried out by way of sale of the property.

Article. 1068. [Application] section 1. On the basis of an application for the initiation of an enforcement officer shall forward to the competent court of a request for disclosure of the levy of execution in the land register or an application to a set of documents.

§ 2. In the entry in the land register or the order of submission of the application to a set of documents and notice of auction you must provide that enforcement has to abolish the ownership.


Article. 1069. [right of first refusal] § 1. If according to the specific provisions are entitled to współwłaścicielowi or to a third party the right of pre-emption of the agricultural real estate part of the agricultural holding, provision for his return after his final serve court entitled to exercise his right of first refusal. In this case, the time limit for execution by the buyer as soon as starts auction conditions of ineffective expiry to the exercise of the right of pre-emption.

§ 2. If do the right of pre-emption, the court sets aside the provision for his return and auctioneer for who is entitled to the exercise of the right of pre-emption.

Article. 1070. [link matters] Enforcement to abolish the ownership and attachment of real estate can take place at the same time. In the event of a sale of the property in the course of one of these executions-second freezes and after validation of the property przysądzeniu-redeems.

Article. 1071. [the provisions of chapter] the provisions of this chapter shall apply mutatis mutandis to the ordered by the Court in the course of proceedings for the decrease in Sales Department of the agricultural holding, or land of the agricultural production cooperatives in contribution along with land przyzagrodową and Habitat.



SECTION IV (repealed) Article. 1072. (repealed).



Article. 1073. (repealed).



Article. 1074. (repealed).



Article. 1075. (repealed).



Article. 1076. (repealed).



Article. 1077. (repealed).



Article. 1078. (repealed).



Article. 1079. (repealed).



Article. 1080. (repealed).



SECTION V of the Enforcement of maintenance Article. 1081. [Property] § 1. If execution relates to maintenance or a pension with the nature of the maintenance creditor, a request for the initiation of execution, there is no obligation to indicate the manner of execution, or the debtor, which is to be conducted. In this case, it is considered that the proposal concerns all permissible ways of execution, except in the case of enforcement of the real estate. The application of the levy of execution can be submitted also to the bailiff of the court competent for the place of residence of the creditor.

§ 2. The bailiff is obliged to notify to initiate execution of the bailiff of the Court of the General properties of the debtor. The bailiff informed requests transfer of the matter to Parliament along with downloaded amounts, if as a result of the further sum of classes derived from all enforcement alone is not enough to satisfy all creditors. If you have made has been addressing the remuneration for work or claims, in parallel with the transfer case the bailiff shall notify the employer of the debtor or the creditor debt capacity that further contributions be made to the bailiff to whom the case was submitted.

§ 3. If the debtor is imprisonment, a creditor may apply to the Director of the penal establishment directly enforceable, which is obliged to pay to the creditor for the work of the debtor or his money in escrow of the criminal establishment, within the limits referred to in article 1. 125 of the criminal code.

§ 4. Provided for in § 3 payment may not be made if the proposals made several creditors and for the debtor or his money in escrow criminal undertaking are not sufficient to satisfy all claims of those creditors or if they are occupied by the enforcement authority. In this case, the Manager of the establishment shall transmit to the appropriate applications criminal bailiff.

Article. 1082. [feasibility Clause] Title egzekucyjnemu zasądzającemu, alimony, the Court gives ex-officio the enforceability clause. Enforcement creditor is then served.

Article. 1083. [Restrictions] section 1. The revenue referred to in article 1. 831 § 1 paragraph 2 shall be subject to execution to meet child support to three-fifths of the parts.

§ 2. Bank account claims shall be subject to execution for the full amount of the child support.

§ 3. (repealed).

Article. 1084. (repealed).

Article. 1085. [levy of execution] in cases where the awarded child support, enforcement may be initiated ex officio at the request of the Court of first instance, which matter to recognize. Such request shall be addressed to the competent enforcement authority.

Article. 1086. [the investigation] § 1. The bailiff is obliged ex officio to carry out an investigation in order to establish the earnings and the financial status of the debtor and his place of residence. If these measures prove to be ineffective, the police authorities shall, at the request of the bailiffs Act in order to determine the place of residence and place of work.

§ 2. The investigation referred to in paragraph 1 shall be carried out periodically at intervals of not more than 6 months.

§ 3. If, as a result of the investigation referred to in § 1, will not be fixed income of the debtor or its property, the bailiff shall submit an application to the Court to order the debtor definition.

§ 4. In the event of the emergence of arrears for a period longer than 6 months, the bailiff shall submit an application to the Office of the national court register for entry in the register of insolvent debtors debtor. Request a bailiff shall not be subject to the payment of a fee.

§ 5. Ineffective enforcement does not constitute grounds for remission to the proceedings. Article 5(1). 823 shall not apply.

Article. 1087. [the seizure of remuneration], if the debtor is employed on a close relative, a person in the event of attachment of remuneration for work for maintenance could not hide behind the suspicion that the debtor has paid remuneration in advance, nor allegations that the debtor is working without pay or reward lower than average, or that it has the claim to the debtor suitable for deductions from its claim for remuneration.

Article. 1088. [Execution of maintenance] enforcement of maintenance shall also apply the provisions of title.



SECTION VI (repealed) Article. 1089. (repealed).



Article. 1090. (repealed).



Article. 1091. (repealed).



Article. 1092. (repealed).



Article. 1093. (repealed).



Article. 1094. (repealed).



Article. 1095. (repealed).



Article. 10951. (repealed).



The PROVISIONS of PART FOUR of the SCOPE of INTERNATIONAL CIVIL PROCEDURE Art. 1096. (repealed).



The FIRST BOOK of the JURISDICTION of the NATIONAL TITLE I General provisions article 1. 1097. [the durability of jurisdiction] § 1. Domestic jurisdiction existed at the time of the initiation of the proceeding continues, even though its base dropped off during the proceedings.

§ 2. The Court cannot conclude that there is no national jurisdiction, if its base formed in the course of proceedings.

Article. 1098. [lis pendens] § 1. If the case involving the same cause of action and between the same parties brought in a Court of a Member State before the Court earlier than foreign, Polish Polish court suspends the proceedings. The Court does not, however, suspended the proceedings, if a judgment, which is to spend the foreign court of a Member State, will not meet the conditions of its recognition of the Republic of Poland or not it can be expected that the proceedings before the Court of a foreign State shall be validly completed within a reasonable period of time.

§ 2. After the completion of the proceedings before the Court of a foreign State, the Court declares the proceedings if the decision of the Court of the foreign State be recognised in the Republic of Poland; otherwise, the Court decides to take.

§ 3. At the request of a party the Court may also take hold, if the proceedings before the Court of the foreign State has not been completed within a reasonable period of time.

§ 4. The provisions of § 1-3 shall apply mutatis mutandis to the case pending before a Court of a foreign State authority other than that.

Article. 10981. [suspension of proceedings] where the settlement of the case depends on the outcome of other proceedings in a civil case pending before a court or other authority of a foreign State, the Court may stay the proceedings on its own initiative, unless the judgment, which has to issue the Court or other authority of the Member State, does not comply with the conditions of its recognition of the Republic of Poland.

Article. 1099. [effects of the absence of national jurisdiction] § 1. The lack of national jurisdiction, the Court shall take into consideration ex officio in every State of the matter. In the event of a finding of lack of jurisdiction, the Court rejects the application or proposal, subject to article 22. 1104 § 2 or article. 1105 § 6.

§ 2. The lack of national jurisdiction is a cause of nullity of the proceedings.

Article. 10991. [Premise connection with the Polish legal order] § 1. If no grounds justifying the national jurisdiction in the case and the conduct of the proceedings before the Court or other authority of a foreign State is not possible or cannot require its conduct, the matter belongs to a national jurisdiction, when shows enough relationship with the Polish legal order.

§ 2. In the case of a final determination by the Court that the decision of the Court or other authority of a foreign State shall not be recognised in the Republic of Poland, the case decided this judgment belongs to national jurisdiction, despite the lack of grounds justifying this jurisdiction if it has a sufficient connection with the Polish legal order.



Article. 1100. (repealed).



Article. 1101. (repealed).



Article. 1102. (repealed).



TITLE III of the domestic Jurisdiction in the process of Art. 1103. [Premise of the place of residence and the seat of the defendant] cases resolved in the process belong to national jurisdiction, where the defendant is domiciled or habitually resident or established in the Republic of Poland.

Article. 11031 [marital Affairs], § 1. Marital affairs and matters concerning matrimonial property relations belong to national jurisdiction also when: 1) both spouses had their last place of residence or last place of habitual residence in the Republic of Poland, if one of them still has a place of residence or place of habitual residence in the Republic of Poland, or 2) the spouse who is the reason for at least one year immediately prior to the initiation of the place of residence or place of habitual residence in the Republic of Poland or 3 reason is a Polish citizen spouse) and has at least six months immediately prior to the initiation of the place of residence or place of habitual residence in the Republic of Poland, or


4) both spouses are Polish citizens.

§ 2. National jurisdiction is exclusive, if both spouses are Polish citizens and have their place of residence and place of habitual residence in the Republic of Poland.

§ 3. The domestic jurisdiction in matrimonial also includes decisions about parental authority on common minor children of the spouses.

Article. 11032. [relations between parents and children], § 1. The matter of relations between parents and children belong to the national jurisdiction also when: 1) the child or przysposobiony or adopters are domiciled or habitually resident in the Republic of Poland or 2) reason, unless it is the child has at least one year immediately prior to the initiation of the place of residence or place of habitual residence in the Republic of Poland, or 3) the reason, unless it is a child , is a Polish citizen and has at least six months immediately prior to the initiation of the place of residence or place of habitual residence in the Republic of Poland, or 4) the plaintiff and the defendant are Polish citizens.

§ 2. National jurisdiction is exclusive, if all persons appearing as parties are citizens of Polish and have their place of residence and place of habitual residence in the Republic of Poland.

Article. 11033. [alimony and claims linked to the determination of origin of the child], § 1. The case of alimony and the matter of a claim related to the determination of origin of the child belong to national jurisdiction even if the reason is entitled that is domiciled or habitually resident in the Republic of Poland.

§ 2. The case for maintenance of total recognized marriage belongs to the national jurisdiction, even where the national jurisdiction must be conjugal affair.

§ 3. Matter of the claim related to the determination of origin of the child recognized together with it to determine the origin of the child belongs to the national jurisdiction, even where the national jurisdiction should be the case for the establishment of origin of the child.

Article. 11034. [of labour] § 1. Of employment in which the employee is the reason, belong to the national jurisdiction, even when the work is usually performed to be or in the Republic of Poland.

§ 2. The matter with the employee's actions, on conditions of employment, in accordance with article 4. 671. the labour code 672, belong to the national jurisdiction, even when the employee is or was assigned to work on the territory of the Republic of Poland by the employer established in a country which is a member of the European Union.

§ 3. The provision of § 2 shall apply mutatis mutandis when the employee was assigned to work on the territory of the Republic of Poland by the employer established in a country which is a member of the European Union.

Article. 11035 [of the case by the ratio of insurance] § 1. The case of the vis insurance against the insurer belong to national jurisdiction also when: 1) the plaintiff is domiciled in the Republic of Poland or 2) there is a national jurisdiction in the case against the insurer of the root, and sued the insurer is współubezpieczycielem, or 3) the harmful event has occurred in the Republic of Poland, and the case concerns the liability insurance, property insurance or insurance of immovable property and movable property, when it was founded for them, the damage resulted from a single event.

§ 2. In the cases referred to in § 1, the insurer shall be treated as domiciled or resident in the Republic of Poland, if it has an establishment or subsidiary in the Republic of Poland, and the case resulted from the activities of the undertaking or branch.

Article. 11036. [issues arising from contracts], § 1. Issues arising from the agreements, if the reason is the consumer, belong to the national jurisdiction even when the consumer is domiciled or habitually resident in the Republic of Poland and the Republic of Poland has taken the steps necessary for the conclusion of the agreement.

§ 2. In the cases referred to in § 1, the other party of the contract with the consumer is treated as a place of residence or registered office in the Republic of Poland, if it has an establishment or subsidiary in the Republic of Poland, and with the consumer contract was concluded within the framework of the activities of the undertaking or branch.

Article. 11037. [Matters resolved in the process] cases resolved in the process, other than those mentioned in article 2. 11031-11036, belong to the national jurisdiction also apply to: 1) the obligations arising from legal action that has been taken or is or was to be made in the Republic of Poland;

2) undertaking short of legal action, which was founded in the Republic of Poland;

3) activity in the Republic of Poland or branch of the defendant;

4) a claim for the right to property, and the defendant has assets in the Republic of Poland or be vested with property rights in the Republic of Poland of great value in relation to the value of the subject matter of the dispute;

5) the subject matter of the dispute in the Republic of Poland;

6) decline after the person who at the time of his death had a place of residence or place of habitual residence in the Republic of Poland.

Article. 11038. [real estate issues], § 1. The exclusive national jurisdiction include the matter of rights in rem in immovable property and possession of the land in the Republic of Poland, as well as the case of the vis rent, lease and other relations regarding the use of such property, except for cases of rent and other charges associated with the use of or downloading from the proceeds of such property.

§ 2. The exclusive national jurisdiction include matters not mentioned in § 1, in which the decision applies to rights in rem, the possession or use of land in the Republic of Poland.

Article. 11039. [the case of legal persons and organizational units of non-legal person] to the exclusive national jurisdiction include matters for dissolution of a legal person or organizational unit of a non-legal person, as well as to repeal or annul resolutions of their bodies, if a legal person or an organizational unit which is not a legal person established in the Republic of Poland.

Article. 110,310 [counterclaim and participation], § 1. If national jurisdiction should be a matter of the main action, this jurisdiction also includes the case of a counterclaim.

§ 2. If there is material participation on a national jurisdiction exists in respect of one of the sharers, belongs to the national jurisdiction in relation to all participants.

Article. 1104. [Agreement], § 1. The site covered the legal relationship may agree in writing of the submission arising or likely to arise from the property rights cases the jurisdiction of the courts of Polish.

§ 2. The subjection of the jurisdiction of the courts of Polish Affairs, referred to in § 1, may also be made by wdanie in the dispute on the merits of the case, if the defendant does not raise a plea of lack of jurisdiction.

§ 3. The provisions of paragraph 1 and 2 shall not apply in cases which, according to Polish law, belong to the exclusive jurisdiction of the courts of a foreign State.

Article. 1105. [exclusion of jurisdiction] § 1. The site covered the legal relationship may agree in writing of the submission the jurisdiction of the courts of foreign States arising or likely to arise from cases of property rights, excluding the jurisdiction of the courts of Polish, if such an agreement is effective according to the law applicable to a foreign State.

§ 2. The agreement excluding jurisdiction of the courts of Polish may not relate to: 1) belonging to the exclusive jurisdiction of the Polish courts;

2) from the scope of labour law, unless the contract is entered into after the dispute;

3) arising or which may arise from contracts concluded by the consumer who has a domicile or place of habitual residence in the Republic of Poland;

4) arising or likely to arise from the relationship.

§ 3. The jurisdiction of the courts does not exclude the Polish agreement, under which only one party may bring an action in the courts of the Member State.

§ 4. In the cases referred to in § 2 paragraph 3 it is the conclusion of the agreement, under which a consumer may bring proceedings in the courts of the Member State.

§ 5. In the cases referred to in § 2 paragraph 4 it is the conclusion of the agreement, on the basis of which the action against the insurer may be brought in the courts of the Member State.

§ 6. If the parties have concluded an agreement had jurisdiction of the courts of Polish. 1104 § 2 shall apply mutatis mutandis.

Article. 11051. [the fulfilment of the requirements for the conclusion of an agreement in writing] Require the conclusion of an agreement in writing, provided for in article 4. 1104 § 1 and article. 1105 § 1 is met if the contract is posted in a document signed by the parties or in between the two letters or statements made by using the means of communication at a distance, that allow you to fix their content. The establishment of a basic agreement on a document that contains a provision corresponding to the contract referred to in article. 1104 § 1 or article. 1105 § 1 meets the requirement concerning the form of this agreement, if the basic agreement is drawn up in writing, and this appointment makes part of the contract agreement.



TITLE IV National Jurisdiction in contentious Articles. 1106. [for the deceased] § 1. To national jurisdiction include matters of recognition for the deceased and for declaration of death of the Polish citizen or alien to the last place of residence or last place of habitual residence in the Republic of Poland.

§ 2. Polish court may consider the deceased alien to the last place of residence and the last place of habitual residence abroad, if the case has a sufficient connection with the Polish legal order.


§ 3. To national jurisdiction include matters for the death of a foreigner having a residence and habitual residence abroad, if the death occurred in the Republic of Poland.

Article. 11061. [Incapacitation] § 1. To national jurisdiction include the case of incapacitation of the Polish citizen or a foreigner having a residence or place of habitual residence in the Republic of Poland.

§ 2. National jurisdiction is exclusive, where the person concerned by the request for incapacitation, is a Polish citizen, resident and habitual residence in the Republic of Poland.

Article. 11062. [marital Affairs and the Division of property in common] section 1. To national jurisdiction include matters of marriage, if one of the spouses or one of the persons intending to enter into marriage is a Polish citizen or, being a foreigner, is domiciled or habitually resident in the Republic of Poland or intends to conclude a marriage in the Republic of Poland.

§ 2. The case of the Division of assets after the end of the material belong to the matrimonial jurisdiction of commonality even when corporate assets or a substantial part thereof located in the Republic of Poland.

Article. 11063. [relations between parents and children] to national jurisdiction include matters from the scope of the relations between parents and children, if: 1) the child concerned, is domiciled or habitually resident in the Republic of Poland or 2) the applicant and the child concerned, are Polish.

Article. 11064. [Adoption] § 1. To national jurisdiction include matters of adoption, if the person who has to be adapted, is a Polish citizen or, being a foreigner, is domiciled or habitually resident in the Republic of Poland.

§ 2. The case for adoption belong to national jurisdiction also when dies is a Polish and has a place of residence or place of habitual residence in the Republic of Poland. In the case of joint adoption by a spouse it is sufficient that one of the spouses is a Polish citizen and has a place of residence or place of habitual residence in the Republic of Poland.

§ 3. National jurisdiction is exclusive, if it dies, and in the event of the adoption of the joint-each of the adopters, and the person who has to be adapted, are Polish citizens, resident and habitual residence in the Republic of Poland.

Article. 1107. [care and guardianship] § 1. To national jurisdiction include matters from the scope of the care and guardianship of the person of a Polish citizen or foreigner resident or place of habitual residence in the Republic of Poland, as well as cases from the scope of the guardianship over a legal person or a legal person other than organizational unit, established in the Republic of Poland. The establishment of guardianship for handling individual cases to national jurisdiction, if it belongs to this case.

§ 2. Polish courts may, if necessary, issue the order in respect of custody and guardianship to in the Republic of Poland, of the assets of a foreigner having a residence and habitual residence abroad, if necessary in the interest of this foreigner.

§ 3. Polish courts may issue orders regarding custody and guardianship in cases other than those referred to in sections 1 and 2, if the case has a sufficient connection with the Polish legal order or if there is an urgent need to grant protection to an alien who is staying in the Republic of Poland, in the place of residence and place of habitual residence abroad.

Article. 11071. [real estate] for the exclusive national jurisdiction include the matter of rights in rem in immovable property and possession of the land in the Republic of Poland.

Article. 1108. [the matter of inheritance] § 1. To national jurisdiction include matters of inheritance, if the testator at the time of his death, was a Polish citizen or had a place of residence or habitual residence in the Republic of Poland.

§ 2. To national jurisdiction include matters of inheritance, inheritance assets or a substantial part thereof located in the Republic of Poland.

Article. 1109. [Order] in relation to drop within the jurisdiction of the Court of Polish after the person who at the time of his death was not the place of residence or place of habitual residence in the Republic of Poland, the Court may issue an order of confirmation of the acquisition of the decline at the request of the Polish diplomatic or consular post.

Article. 11091. [Matter from the scope of the proceeding of registration] paragraph (1). The exclusive national jurisdiction include matters from the scope of the proceeding the registered on the register kept in the Republic of Poland.

§ 2. The exclusive national jurisdiction are recognized by the registration court case for dissolution of a legal person or a legal person, other than an organizational unit, if a legal person or an organizational unit which is not a legal person established in the Republic of Poland.

§ 3. To national jurisdiction also include other matters recognized by the Court of registration, if the jurisdiction court of registration is located in the Republic of Poland.

Article. 1110. [other things] to national jurisdiction include also other than those mentioned in article 2. 1106-11091 case resolved in contentious, if the case concerns a person who is a citizen of Polish, an alien having a residence or place of habitual residence in the Republic of Poland or of a legal person or a legal person which is not a entity, established in the Republic of Poland, as well as, if the case for other reasons has a sufficient connection with the Polish legal order.

Article. 11101. [the Division of property, inheritance and ownership] of Division of property in common, about guns, as well as in matters relating to the Board of Directors of the jointly owned property and the abolition of joint ownership, the provisions of article 4. 1104-11051stosuje.

Article. 11102. [real estate] domestic Jurisdiction in matters heard in contentious business is exclusive in so far as the decision relates to rights in rem in immovable property or possession of the property in the Republic of Poland.



TITLE IVa national security proceedings Jurisdiction and enforcement Article. 11103. [protective Proceedings], § 1. The provisions on the grounds of national jurisdiction contained in title III and title IV shall apply mutatis mutandis to proceedings preservative. The agreement referred to in article 14(2). 1105 § 1, however, is ineffectual if it disables the jurisdiction of the courts of Polish security proceedings only.

§ 2. The jurisdiction of the national security proceedings exist also where security may be made in the Republic of Poland, or have an effect in the Republic of Poland.

Article. 11104. [enforcement Affairs] § 1. The exclusive national jurisdiction include the enforcement cases, if enforcement is to be initiated or carried out in the Republic of Poland.

§ 2. Provision of section 1 shall apply mutatis mutandis to the execution of the grant.

§ 3. The exclusive national jurisdiction include the case of przeciwegzekucyjnych actions, if enforcement is to be initiated or carried out in the Republic of Poland.



FIRST BOOK and JUDICIAL IMMUNITY and ENFORCEMENT Article. 1111. [diplomatic personnel] § 1. May not be sued in the courts of the Polish: 1) authenticated in the Republic of Poland, heads of diplomatic representations of foreign countries;

2) the members of the diplomatic staff of representations of foreign countries in the Republic of Poland;

3) other persons enjoying diplomatic immunity under the laws, agreements or widely established international practices;

4) family members of the persons mentioned in paragraphs 1 to 3, if you remain with them in the community and do not have Polish citizenship.

§ 2. The provisions of paragraph 1 shall not apply to the persons listed there in relation to: 1) substantive law issues relating to private immovable property situated in the Republic of Poland, unless the property is held by these individuals on behalf of the sending State for the purposes of diplomatic or international organisations for the purposes of the Organization;

2) cases relating to succession in which they occur as heir, zapisobiercy, wills, or curators decline as individuals and not on behalf of the sending State or of an international organisation;

3) professional or economic matters relating to the activities of those persons, in the Republic of Poland outside the official functions.

Article. 1112. [administrative staff] § 1. May not be sued in the courts of Polish in matters falling within the scope of the activities carried out in the course of performing their official functions: 1) officials consular functions on behalf of foreign States regardless of nationality;

2) aliens who are employees of the administrative and technical, diplomatic and consular offices of foreign countries in the Republic of Poland or members of the service staff of diplomatic representations and others aligned with them under the laws, agreements or widely established international practice.

§ 2. The provision of § 1 shall not apply in relation to the officials of the consular functions and the staff performing administrative and technical posts in the event of a lawsuit filed against those actions: 1) arising from the conclusion of the contract, in which there were explicitly or implicitly as representatives of the sending State;


2) for compensation of damage arising from an accident caused by a vehicle in the Republic of Poland, the sea-going vessel, inland waterway vessel or aircraft.

Article. 1113. [judicial Immunity] judicial Immunity, the Court shall take into consideration ex officio in every State of the matter. If the existence of immunity, the Court rejects the application or request. The diagnosis of a case of violation of the immunity of the court annuls the results of the investigation. If the person against whom or with the participation of which initiated the case, obtain judicial immunity in the course of proceedings, the Court declares it.

Article. 11131. [the condition of consent] § 1. The persons listed in the article. 1111 § 1, as well as the persons listed in the article. 1112 § 1, paragraph 2, with the exception of administrative and technical staff of consular offices of foreign countries in the Republic of Poland, are not required to testify as witnesses or act as an expert or interpreter, as well as the obligation to provide a document or object inspection, unless the person entitled to consent.

§ 2. Officials consular functions, administrative and technical staff posts of foreign countries in the Republic of Poland, referred to in article 1. 1112 § 1, as well as members of the staff of the departments of these offices who are foreigners, are not required to – as to the facts related to the exercise of their functions is to testify as witnesses or act as experts as to the content of the law of the Member State of dispatch, as well as the obligation to provide a document or object inspection, unless the person entitled to consent.

§ 3. In the event of consent, referred to in § 1 or 2, you cannot apply coercive measures or to threaten their use.

Article. 1114. [waiver of the immunity of the Court], § 1. The provisions of article 4. 1111 § 1 and article. 1112 § 1 shall not apply in the case where the sending State expressly renounces the immunity of the Court in relation to the persons referred to in those provisions.

§ 2. In relation to international officials, benefiting from judicial immunity, the waiver of the immunity provided for in paragraph 1 must be made by the relevant international organisation.

§ 3. Notwithstanding the provisions of § 1 and 2 of the persons mentioned in article 3. 1111 § 1 and article. 1112 § 1 is not entitled to judicial immunity: 1) that they are initiating proceedings before the Polish court;

2) counterclaims against the person;

3) actions przeciwegzekucyjnych prosecuted against him.

Article. 1115. [Disable execution] § 1. Against persons on the basis of article. 1111 § 1 and article. 1112 section 1 use legal immunity in the field provided for in these regulations, there may be also carried out execution, unless the case, in which the persons are not entitled to judicial immunity.

§ 2. Against the persons referred to in paragraph 1, in respect of which the sending State or relevant international organization renounced judicial immunity, execution may be carried out only in the event of an express waiver of immunity by the sending State or an international organisation in regard to enforcement proceedings.

§ 3. If the conduct of the execution is allowed, is not allowed enforcement of property for official use and by coercion against the debtor.

§ 4. Execution is not allowed in the premises occupied by the diplomatic missions or consular posts abroad, foreign States in the Republic of Poland and in the homes of persons referred to in article 1. 1111 § 1, unless the head of the diplomatic mission or consular post foreign agrees.

Article. 11151. [protective Proceedings]. 1111-1115 shall apply mutatis mutandis to proceedings preservative.

Article. 1116. [Information Minister of Justice] in case of doubt as to the existence of judicial immunity or enforcement, the Court may apply to the Minister of Justice for information.



The BOOK of the SECOND TITLE of the PROCEEDINGS and judicial Capacity and process Art. 1117. [judicial Capacity and process] § 1. The judicial capacity of foreigners, foreign legal persons and organizational units that are not legal persons is determined by the law applicable to their legal capacity.

§ 2. Procedural capacity of the entities listed in § 1 shall be determined by the law applicable to their legal capacity.

§ 3. A foreigner who does not have the capacity to process under the laws referred to in section 2 may make procedural steps before the Court if the Polish would have the ability to process according to the Polish law.

Article. 1118. (repealed).



TITLE II Cover the costs of the process of Art. 1119. [Deposit to cover the cost of the process] the reason that does not have a place of residence or habitual residence or seat in the Republic of Poland or in a Member State of the European Union, is obliged to request the defendant to submit a deposit to cover the cost of the process.

Article. 1120. [exemption from deposit] Reason has no obligation referred to in article 1. 1119:1) in the Republic of Poland if it has sufficient assets to pay the costs;

2) if he or has obtained an exemption from court costs;

3) in matrimonial matters non, in matters of the counterclaim and the proceedings prescriptive, debt collection and simplified;

4) in matters which the parties have under the jurisdiction of the courts of Polish;

5) if the judgment of the Court of Polish zasądzające the costs of a trial from the plaintiff to the defendant would be enforceable in the State in which the plaintiff is domiciled or habitually resident or established.

Article. 1121. [request for security] § 1. The defendant may ask the cost of security before wdaniem in the dispute on the merits of the case.

§ 2. Subsequent application request is admissible, if only in the course of the case: 1) the defendant learned that the plaintiff is not domiciled or habitually resident or established in the Republic of Poland or in a Member State of the European Union;

2) ceased legal basis for dismissal of the plaintiff of the obligation to deposit.

Article. 1122. [Off], the defendant has no right to demand the submission of deposit, if recognized by the it part of the plaintiff's claim for security costs.

Article. 1123. [Deposit] § 1. The Court mark the amount of deposit, bearing in mind the likely amount of the costs to be incurred by the defendant, however, without the inclusion of the costs of the counterclaim.

§ 2. If in the course of the case it appears that the security is not enough, the defendant may require additional security.

§ 3. The deposit consists of a deposit to the account of the Minister of finance, unless the Court determines otherwise its submission.

Article. 1124. [request for security costs] § 1. By submitting the prescribed time the request for costs, the defendant is not obliged to submit explanations on the merits of the case before the decision of this application.

§ 2. The Court shall designate a term to the claimant to make a deposit.

§ 3. After the unsuccessful expiry of a Court rejects a lawsuit or an appeal, the ruling about the cost, as in the case of the withdrawal of the petition.

Article. 1125. [refund of deposit] if, in the course of the proceedings, at the request of the Court security reason for the termination of the plaintiff, after hearing the defendant, the plaintiff's releases from the security costs and orders the return of complex securities.

Article. 1126. [deposit Edition] § 1. At the request of the Court of the defendant's orders to meet the bail granted to him.

§ 2. Such request shall be notified within one month after the decision has become final. If the application is not reported, after the expiry of that court orders the release of the deposit to the claimant at his request.

§ 3. Court orders release of the plaintiff the deposit immediately after final judgment if the defendant was not awarded costs.

Article. 1127. [priority to meet with deposit] priority to meet with deposit lodged by the plaintiff to the defendant shall be entitled to all other creditors of the plaintiff.

Article. 1128. [non-contentious legal Proceedings] the provisions of this title shall apply mutatis mutandis in litigious proceedings.



TITLE III Release of aliens from legal costs Article. 1129. [exemption from court costs] Foreigners, foreign legal persons and organizational units that are not legal persons shall benefit from an exemption from court costs under the conditions laid down in separate legislation.



TITLE IV legal aid Article. 1130 [smuggling, other activities and service] 1. In matters relating to the taking of evidence and other activities and the service of judicial writs the courts agree with the courts or other authorities of foreign countries and of Polish diplomatic and consular representations, unless special provision provides otherwise.

§ 2. The activities referred to in paragraph 1, it may perform legal Secretary, with the exception of carrying out proof.

Article. 1131. [taking of evidence abroad], § 1. There are courts for the taking of evidence abroad to the courts or other authorities of foreign countries.

§ 2. Applications are sent directly, if such a way allows the right of the requested State, or through the Polish diplomatic or consular post. This does not exclude other ways of transmission of the applications.

§ 3. The Court may request a direct notice it, the parties and their representatives, including representatives of the place and the time of the taking of evidence in order to allow the present at the completion of the evidence or participate in this activity.

§ 4. If not precludes the right of the requested State, the Court may appoint one of its members (designated by the judge) to be present at the taking of evidence abroad by a court or other authority of the requested State, as well as to took part in the operation. The Court may also appoint for that purpose.


§ 5. With the consent of the requested State, the Court or a judge appointed may carry out proof directly in the requested State. Provisions of the code of the means of coercion shall not apply.

§ 6. In the cases referred to in § 1-5, the Court may decide, in agreement with the Court or other authority of the requested State, that the taking of evidence, the nature of the objects, you will be using technical equipment permitting the presence of or participation in this activity or it is at a distance.

Article. 11311. [other] article. 1131 shall apply mutatis mutandis if the courts are to the courts or other authorities of foreign countries to carry out other activities than the taking of evidence.

Article. 1132. [service of judicial writings] § 1. The courts are the judicial writings for service a person with habitual residence or habitual residence or headquarters abroad to the courts or other authorities of foreign countries.

§ 2. Applications are sent directly, if such a way allows the right of the requested State, or through the Polish diplomatic or consular post. This does not exclude other ways of transmission of the applications.

Article. 1133. [Execution Service of judicial writings] § 1. The Court may serve judicial letter the person staying or established abroad by registered mail with acknowledgement of receipt, if such a way allows the law of the Member State in which the service is to be effected.

§ 2. If it is not possible to service due to non-execution of a request by a court or other authority of the requested State or the long-term failure of the application, the Court may deliver a letter in the manner specified in § 1, if such a method does not allow the law of the Member State in which the service is to be effected.

Article. 11331. [service of extrajudicial writings]. 1132 and 1133 shall apply mutatis mutandis to the service of extrajudicial writings.

Article. 1134. [taking of evidence or the delivery of the letter], the courts may have to Polish diplomatic or consular post for the taking of evidence or the service of a document, if the person to be heard, or the recipient is a national of a Polish resident abroad.

Article. 1135. [taking of evidence and service of writings on the request of the Court of a foreign State] section 1. Polish courts carry out evidence and are served by a letter at the request of courts and other bodies of foreign States. In such cases, the competent court is that of the district in which the by-election is to be conducted or evidence is to be effected.

§ 2. Polish court refuses to perform the actions listed in § 1, if: 1) their execution would be contrary to the fundamental principles of the legal order of the Republic of Poland (the public order clause);

2) their implementation does not belong to the scope of the Polish courts;

3), from which comes the request, Polish courts refuses to perform such activities;

4) has not been made within the advance referred to in article 14(2). 11351 § 3.

Article. 11351. [execution of foreign court] § 1. Execution of the request is for the Court or other authority of a foreign State for the taking of evidence or the delivery of judicial writings by the Polish court is done according to the Polish law. The requested court may, however, at the request of the Court or other authority of a foreign State apply in the implementation of the proposal other than that provided for by the law of the Polish if this way of execution of the request is not prohibited by the law of the Polish and is not contrary to the fundamental principles of the legal order of the Republic of Poland (the public order clause).

§ 2. If the Court or other authority of the foreign State will return to the Court for a judicial service of a document to a person staying in the Republic of Poland, not including translations of the Scriptures into Polish, it shall be served on the addressee, in so far as he wants to accept them. The recipient, who refuses to accept the letter, should be instructed about the possibility in view of the adverse consequences law abroad.

§ 3. If execution of the request is for the Court or other authority of a foreign State may be costs associated with the participation of experts, interpreters, witnesses and other persons, the Court performs the request only after the deposit within the time limit an adequate down payment by the Court or other authority of the Member State. The same applies to costs which may arise as a result of the application of a different way than provided for by the Polish law.

Article. 11352. [taking of evidence on call] § 1. If special provision provides otherwise, the courts shall notify immediately the Court or other authority of the requesting State, as well as the parties and their representatives, including representatives of the place and the time of the taking of evidence in order to allow the present at the completion of the evidence or participate in this action only at their request.

§ 2. If special provision provides otherwise, judge or other person designated by the Court or other authority of the requesting State may be present at the taking of evidence or to take part in the operation only with the consent of the Tribunal.

§ 3. At the request of the Court or other authority of the Member State of the requesting court may authorize the direct taking of evidence in the Republic of Poland by a court or other authority of the requesting State or designated by these persons, if the taking of evidence shall not be contrary to the fundamental principles of the legal order of the Republic of Poland (the public order clause). In such a case, the Court, at the request of the Court or other authority of the requesting State shall apply the provisions of the code of the means of coercion. The taking of evidence in the presence of the Court or a judge appointed.

§ 4. In the cases referred to in § 1-3, the Court may authorize the taking of evidence, the nature of the objects, using technical equipment permitting the presence of or participation in this activity or it is at a distance.

Article. 11353. [service of judicial writings] § 1. The service of legal writings to persons resident in the Republic of Poland, which is entitled to immunity from judicial or enforcement, and other persons in buildings or premises enjoying immunities on the basis of laws, agreements or commonly agreed international customs, shall be made through the Ministry of Foreign Affairs.

§ 2. Provision of section 1 shall apply mutatis mutandis to the service of judicial writings Polish citizens residing abroad who enjoy diplomatic immunities or consular representation.

Article. 11354. [Executing other activities on request]. 1135-11353 shall apply mutatis mutandis to the exercise by the Polish courts other than taking evidence and service of extrajudicial writings.

Article. 11355. [Agent for service] paragraph (1). The party who is not domiciled or habitually resident or established in the Republic of Poland or in a Member State of the European Union, if you have not set up a representative to pursue the case resident in the Republic of Poland, shall indicate the agent for service of process in the Republic of Poland.

§ 2. In the event of a niewskazania agent for service of process for the judicial letter page is left in the case file with the service. Keep this page was the first service. The site should also be by informing about the possibility of filing responses to instituting the proceedings and explanations in writing and who can be established by a delegate.

Article. 1136. (repealed).



Title V Safeguard evidence Art. 1137. [Security proof] the Court may secure evidence located in the Republic of Poland, if it is needed to investigate claims abroad. An application to secure evidence shall be filed in the District Court in whose jurisdiction the witness is to be carried out. The deadline for the taking of evidence shall be notified to the applicant, unless there is a case of making. In addition to this article 6 shall apply mutatis mutandis. and article 310. 312-314.



TITLE VI Foreign official documents Art. 1138. [probative document] Foreign official documents have probative on an equal footing with Polish official documents. The document on the transfer of land in the Republic of Poland shall be authenticated by the Polish diplomatic representation or consular post. The same applies to a document, the authenticity of which the party denied.



TITLE VII Action about the decline after the Aliens ' Article. 1139. [Security decrease] § 1. Probate nieprocesowego from the scope of the proceeding in which the courts are not entitled to Polish jurisdiction, they shall of its own motion decline in security and open and classified ads. Shall be notified to the competent Consul, who may participate in the proceedings.

§ 2. Authorities of the Member State of which the applicant was the testator, it seems at the request of extract Testament and Protocol opening and announcements. The original Testament may be released if there is no provision for further official in the Republic of Poland.

Article. 1140. [Notice] § 1. The Court decides ex officio the summons by the announcement of the roszczących people to decline, heirs and creditors of the decedent, that within three months they reported and provided sufficient prima facie evidence of your rights. In the tender notice shall indicate the nationality, place of residence and place of habitual residence of a deceased.

§ 2. Notice served to the competent authority and tax konsulowi.

Article. 1141. [the issue of assets] § 1. If no one volunteered in the above time limit, the Court decides to drop pass movable to the competent konsulowi.

§ 2. Otherwise, it shall be a hearing, which calls on the people concerned. After listening to the stawających the Court will issue an order notified security and uprawdopodobnionych of the rights of persons residing in the Republic of Poland and Polish citizens residing abroad, as well as securing the required taxes. On order of the Court shall be entitled to appeal.


§ 3. Unreleased movable will serve to meet the secured rights. The rest of the movable property the Court decides to release to the competent konsulowi.

§ 4. The release may take place only under the condition of reciprocity.

Article. 1142. [the death of the alien during the journey], § 1. If the foreigner in the Republic of Poland died during the journey, and was not in the Republic of Poland of the place of residence or place of habitual residence or of assets in addition to the things it found, these things will be secured from the Office of the Court, who shall notify the appropriate Consulate.

§ 2. Part of them are sold under the provisions of the sale of the movable property secured and achieved prices meets the costs of stay in Poland and the funeral of the deceased. The rest of the money and goods unsold will be delivered to the competent konsulowi.



TITLE VIIA European certificate of inheritance [24] @ @RD1 @ @RD2 Article. 11421. [the appropriate application of the provisions of the confirmation of purchase and subject write recovery] unregulated in the regulation of the European Parliament and of the Council (EU) No 650/2012 on 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments, the adoption and implementation of official documents relating to inheritance and on the establishment of a European inheritance (OJ No l credentials. The EU L 201 of 27.07.2012, p. 107, as amended. d.) to proceedings concerning the European credentials of succession shall apply mutatis mutandis the provisions of the confirmation of purchase and item record collections, unless otherwise provided for by the provisions of this title.



Article. 11422. [undisclosed Meeting] in proceedings concerning the European credentials of the succession, the Court may rule on the closed session. Article 5(1). 5091 § 3 shall not apply.



Article. 11423. [Service provision in relation to the European credentials of succession] § 1. The Court of its own motion shall serve the order on the European credentials of succession with the instruction of their right middle of the appeal. Justification the provisions shall be made only at the request of a participant in proceedings reported within one week of the date of its notification, or if a participant which made such request, lodged an appeal in the statutory time limit.

§ 2. The applicant shall serve the order on the issue of the European inheritance credentials along with a certified copy of the certificate.



Article. 11424. [basis for the amendment or repeal of the European credentials of succession] in case it is found that there are specified in the regulation referred to in article 2. 11421, the basis for the amendment or repeal of the European credentials of the succession, the Court may change or revoke the also ex officio.



Article. 11425. [Service provision for rectification, amendment or repeal of the European credentials of succession] from the Office of the Court shall order rectification, amendment or repeal of the European credentials of succession or the suspension of its effects together with the instruction of their right middle of the appeal. The recipe article. 11423 § 1, second sentence, shall apply mutatis mutandis. The provisions on the matter, the Court shall be served ex officio also all persons who have been issued certified copies of the European credentials of the succession.



Article. 11426. [appeal] § 1. On order of the Court of first instance on the issue of rectification, amendment or repeal, or suspension of the effects of the European credentials of succession shall vest in the complaint.

§ 2. On order of the Court of second instance issued as a result of the diagnosis of cassation complaint not entitled.

§ 3. In proceedings concerning the European credentials of succession action for a finding of illegality is not a final judgment.



TITLE VIII of the statement of the foreign law and reciprocity Art. 1143. [the application of foreign law] § 1. The Court of its own motion determine and apply the law. The Court may apply to the Minister of Justice for the text of the law and to clarify foreign judicial practice.

§ 2. The Court may apply to the Minister of Justice also requested information as to the existence of reciprocity in relations with a foreign State.

§ 3. In order to determine the content of foreign law or foreign judicial practice or the existence of reciprocity, the Court may apply other measures, including to consult experts.



TITLE IX reasons for judgments and issuing of certificates Article. 1144. [Reason] if the recognition or execution of a final judgment of the Court of Polish abroad it is necessary to submit a decision along with the reasons, and the decision does not contain any justification, the Court which made the judgment, shall make a reason at the request of a party, a participant in the proceedings or a person seeking recognition or enforcement of a judgment.

Article. 11441. [conditions for issue of the certificate or extract for the purposes of recognition of enforcement abroad] Where the provisions of European Union law or binding international agreements the Republic of Poland shall provide the certificate or extract for the purposes of recognition or declaration of enforceability of the judgment, court settlement or other enforcement abroad, such certificate or extract such issues, using the form specified in those provisions, at the request of the person concerned, the President of the Court which made the award or approved settlement or before which the agreement was concluded, and in the case of other enforceable instruments-the President of the District Court in whose jurisdiction the title was done, unless special provision provides otherwise.



TITLE X of the request for the waiver of judgment on the Article maintenance. 11442. [set aside the judgment issued maintenance judgment], § 1. If it is found that there are specified in the provisions of Regulation (EC) No 4/2009 basis to set aside the judgment in the case, at the request of the Court, the defendant maintenance which issued it, quash the judgment of the.

§ 2. The application should do comply with the terms of the pleading and indicate the circumstances justifying the annulment of the judgment.

§ 3. The Court can resolve the request in private session. Judgment of the Court before revoking will listen to the plaintiff at the meeting or request a statement from him in writing.

§ 4. On order of the Court in relation to the repeal of the judgment shall be entitled to appeal.



The THIRD BOOK of the recognition and DECLARATION of ENFORCEABILITY of the TITLE and recognition of foreign judgments or decisions of other bodies of foreign countries Art. 1145. [the recognition of judgments] Judgments of the courts of foreign countries issued in civil matters shall be recognised by operation of law, unless there are obstacles referred to in article 1. 1146. 1146. [conditions for recognition of the judgment], § 1. Judgment will not be recognised if: 1) is not valid in the country where it was issued;

2) collapsed on the exclusive jurisdiction of the courts of Polish;

3) a defendant who has not appeared in a dispute as to the merits of the case, was not served with the duly and in time for the defense to take the document which instituted the proceedings;

4) in the course of proceedings was deprived of possible defence;

5) case involving the same cause of action and between the same parties brought in the Republic of Poland earlier than before a Court of a foreign State;

6) is contrary to the previously issued by a Polish court ruling or previously issued by a Court of a Member State, fulfil the conditions for its recognition in the Republic of Poland, which were due in the case involving the same cause of action and between the same parties;

7) recognition would be contrary to the fundamental principles of the legal order of the Republic of Poland (the public order clause).

§ 2. The obstacles referred to in § 1, paragraph 5 and 6 shall apply mutatis mutandis to the case pending before a court other than a body Polish or foreign State authority and to the settlement issued by the Polish authority other than a court or authority of the Member State.

§ 3. The provisions of § 1, paragraph 5 and 6 shall not apply where the decision of the Court of a foreign State considers, in accordance with the laws of the Member States of national jurisdiction, the acquisition by a person resident or established in the Republic of Poland succession property is located at the time of death of the decedent in the territory of a Member State.

Article. 1147. [obligations of invoking on the recognition of the decision of the Court], § 1. The person invoking the recognition of a decision on the Court of a foreign State is required to submit: 1) official a copy of the judgment;

2) document stating that the judgment is final, unless the validity of the judgment stemmed from its content;

3) authenticated translation into Polish documents listed in points 1 and 2 and § 2.

§ 2. Where the judgment was given in the proceedings, in which the defendant does not appear in the dispute on the merits of the case, you must provide a document stating that he was instituting the proceedings was served.

Article. 1148. [request to determine whether the decision of the Court of the foreign State be recognised] § 1. Anyone who has a legal interest may apply to the Court with a request for a decision that the judgment of the Court of a foreign State shall be or not be recognised.

§ 2. The application for a declaration that the decision of the Court of the foreign State be recognised, shall be accompanied by the documents mentioned in article 1. 1147, and the application for a declaration that a judgment shall not be recognised, the official copy of the judgment, together with its certified translation into Polish.

Article. 11481. [identification of the proposal for a] § 1. The application referred to in article 1. 1148, recognizes the District Court which would be competent jurisdiction to entertain the case settled Court of the Member State in whose jurisdiction or foreign jurisdiction is the competent District Court, and in the absence of the grounds is the District Court in Warsaw.

§ 2. Within two weeks of service of the request may submit to the Court the position in the case. The Court can resolve the request in private session.


§ 3. The order of the District Court in relation to findings shall be entitled to appeal, and the Court of appeals-appeal in cassation; You can also request the resumption of the proceedings, which was completed by a provision on the determination of non-compliance with the provisions of the decree law and issued on the subject.

Article. 1149. [the application of the provisions of the Act]. 170. 400 shall apply mutatis mutandis to the final provisions of the Polish court establishing that the decision of the Court of a foreign country divorce or nullity of marriage, or providing for the non-existence of marriage are subject to recognition.

Article. 11491. [settlement of other bodies of the Member States in civil matters] the provisions of this title shall apply mutatis mutandis to decisions of other bodies of foreign States in civil matters.



TITLE II of the enforceability of foreign judgments or decisions of other bodies of foreign States and settlements concluded before such courts and authorities or by non-approved Article. 1150 [the decision of the courts of foreign countries] foreign judgments in civil matters, which are suitable for implementation in repossessions, become executive titles following the confirmation of their enforceability by the Polish court. A declaration of enforceability, if a judgment is enforceable in the State of origin, and there are no obstacles referred to in article 1. 1146 § 1 and 2.

Article. 1151. [Declaration of enforceability of judgments] § 1. A declaration of enforceability shall be designated in the application of a creditor by giving the judgment of the Court of a foreign State enforceability.

§ 2. The request for the Declaration of enforceability shall be accompanied by the documents mentioned in article 1. 1147, and in addition, a document stating that the judgment is enforceable in the State of origin, unless the feasibility of results from the content of the judgment or the law of that State.

Article. 11511. [Declaration of enforceability] § 1. To grant enforceability rule the Circuit Court of the place of residence or seat of the debtor, and in the absence of such a court is the District Court in whose jurisdiction enforcement to be carried out.

§ 2. Within two weeks from the date of service of a copy of the application the debtor may present the position on. The Court recognizes the request a private session.

§ 3. The order of the District Court in relation to give enforceability is a complaint, and the order of the Court of appeals-appeal in cassation; You can also request the resumption of the proceedings, which was completed by a provision in relation to give enforceability, and finding of non-compliance with the provisions of the decree law issued on the subject. Article 5(1). 795 § 2 shall not apply.

Article. 11512. [levy of execution] § 1. Execution on the basis of the decision of the Court of a Member State can be initiated after validation the provisions to grant enforceability. Until the expiry of the period for lodging complaints on the order of the District Court to grant enforceability and, if filing complaints – until its recognition by the Court of appeal, this provision provides the title of protection. Way of security specifies the prompt in the application for protection. For decisions involving monetary claims shall be allowed only to the types of security referred to in article 1. 747. in the event of the need for security can specify at the request of the creditor, also by the District Court to grant enforceability. To protect this article. 750-7526. 7541. 755. 757 shall apply mutatis mutandis.

§ 2. Execution of the security referred to in § 1, the District Court may subject to the lodging of a security by the claimant. The debtor shall have the priority to meet with the deposit made by the creditor before all other creditors of the creditor.

§ 3. In the event of dismissal of a complaint for an order to grant enforceability or judgment to grant enforceability appeals court may subject the enforcement of a judgment of the Court of a foreign State to the lodging of appropriate security for the creditor. The Court may, if as a result of enforcement could arise for the debtor niepowetowana pity to pause execution until the expiry of the period for bringing an appeal and, if her bringing-to its recognition by the Supreme Court.

Article. 11513. [cause of action for deprivation of the feasibility of the judgment] in the cases referred to in article 1. 840 § 1, the basics of actions for deprivation of the feasibility of the decision of the Court of a foreign State with the feasibility of the clause cannot constitute the allegations as to the obstacles referred to in article 1. 1146 § 1 and 2.

Article. 11514. [settlement of other bodies]. 1150-11513 shall apply mutatis mutandis to decisions of other bodies of foreign States in civil matters.

Article. 1152. [the settlement] settlement agreement in civil matters contained in the courts and other authorities of foreign countries or by approved become titles of regulations following the confirmation of their enforceability, if they are enforceable in the country of origin and are not inconsistent with the fundamental principles of the legal order in the Republic of Poland (the public order clause). The provisions of article 4. 1151-11513 shall apply mutatis mutandis.

Article. 1153. (repealed).



TITLE III (repealed) Article. 11531. (repealed).

Article. 11532. (repealed).

Article. 11533. (repealed).



TITLE IV (repealed) Article. 11534. (repealed).

Article. 11535. (repealed).

Article. 11536. (repealed).



Title V (repealed) Article. 11537. (repealed).

Article. 11538. (repealed).

Article. 11539. (repealed).



Title VI (repealed) Article. 115,310. (repealed).

Article. 115,311. (repealed).

Article. 115,312. (repealed).



The FOURTH BOOK of the recognition and enforcement of CERTAIN JUDGMENTS of the COURTS of the MEMBER STATES of the EUROPEAN UNION and originating in THOSE COUNTRIES, SETTLEMENTS and authentic instruments in the TITLE I General provisions article 1. 115,313. [the application of the provisions of the Fourth Book] the provisions of this book shall apply to judgments of the courts of the Member States of the European Union and originating in those countries, settlements and authentic instruments falling within the scope of application of Regulation (EC) no 1215/2012, Regulation (EC) No 805/2004, Regulation (EC) no 1896/2006, Regulation (EC) no 861/2007, Regulation (EC) No 4/2009 and Regulation (EC) no 606/2013.

Article. 115,314. [implementing Titles in Poland] Titles in the Republic of Poland are: 1) the judgment of the courts of the Member States of the European Union and originating in those countries of settlement and official documents, fall within the scope of Regulation (EC) no 1215/2012, if they are suitable for implementation by means of enforcement;

2) judgment of the courts of the Member States of the European Union and originating in those countries of settlement and official documents, in those Member States of the European enforcement order certificate;

3 European payment orders) issued by the courts of the Member States of the European Union, whose feasibility has been established in these countries on the basis of the provisions of Regulation (EC) no 1896/2006;

4) the decision of the courts of the Member States of the European Union given in the European small claims procedure, in those Member States the certificate on the basis of the provisions of Regulation (EC) no 861/2007;

5) maintenance matters given in Member States of the European Union that are parties to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (OJ. The EU L 331 of 16.12.2009, p. 17) and originating in those countries, settlements and authentic instruments in matters relating to maintenance, fall within the scope of Regulation (EC) No 4/2009;

6) a judgment given in the Member States of the European Union, including security measures falling within the scope of application of Regulation (EC) no 606/2013, if suitable for implementation in repossessions.

Article. 115,315 [Documents constituting the basis for the Executive proceedings], a judgment given in the Member States of the European Union, including security measures falling within the scope of application of Regulation (EC) no 606/2013, which shall be enforceable in any other way than by executions form the basis for the initiation of the proceeding.



TITLE II implementation of article 3. 115,316 [authority issuing the order in relation to the adjustment] § 1. If the titles of the regulations referred to in article 1. 115,314 paragraph 1 or 6, need to be adapted in accordance with the provisions of, respectively, Regulation (EC) no 1215/2012 or regulation (EC) no 606/2013, the enforcement authority it seems that provision in relation to the adjustment. If necessary, the bailiff may apply to the Court for the issue of the provisions referred to in the first sentence.

§ 2. On order of the Court shall be entitled to appeal.

Article. 115,317 [Body serving a certificate with which the Executive title] § 1. In enforcement proceedings instituted on the basis of title, referred to in article 1. 115,314 (1), together with the notice of the initiation of the execution of enforcement authority shall be served to the debtor also referred to in the provisions of Regulation (EC) no 1215/2012 a certificate issued in a Member State of the European Union, from which is derived the title.

§ 2. If the debtor has requested a translation of enforcement in accordance with the provisions of Regulation (EC) no 1215/2012, enforcement authority limits enforcement to protective measures, applying the provisions on how to secure the claims of security proceedings. Further enforcement actions are permitted after the delivery of the translations by the debtor. On order of the Court shall be entitled to appeal.


Article. 115,318. [the decision to limit executions to protective measures], § 1. At the request of the debtor, the Court suspends the enforcement proceedings conducted on the basis of title, referred to in article 1. 115,314 point 2, if the debtor has submitted as provided for in the provisions of Regulation (EC) No 805/2004 proof of the loss or limitation of enforceability, which implies that the title was temporarily suspended or conditional upon the lodging of a security by the claimant, which so far has not been paid.

§ 2. If the certificate about the loss or limitation of enforceability reveals that the title has been temporarily limited to protective measures, the Court on application by the debtor decides to limit the enforcement of such measures. Ruling to limit executions to protective measures, the Court determines how security, using the provisions about how to secure the claims of security proceedings. On order of the Court shall be entitled to appeal.

§ 3. At the request of the debtor, the Court suspends the enforcement proceedings conducted on the basis of title, referred to in article 1. 115,314 paragraph 1 or 5, if the enforceability of the title was suspended in the Member State of the European Union, from which the title comes from.

Article. 115,319. [conditions for suspension or remission of the enforcement procedure] at the request of a party, the Court shall suspend or redeems the enforcement proceedings conducted on the basis of title, referred to in article 1. 115,314 point 6 If the applicant referred to in the provisions of Regulation (EC) no 606/2013 certificate suspension, limitation or repeal the measure.

Article. 115,320. [other grounds to suspend or remit the enforcement procedure] § 1. At the request of the debtor, the Court may suspend the enforcement proceedings conducted on the basis of title, referred to in article 1. 115,314 points 1-5, also when such a possibility arises from the provisions, respectively, Regulation (EC) no 1215/2012, Regulation (EC) No 805/2004, Regulation (EC) no 1896/2006, Regulation (EC) no 861/2007 and Regulation (EC) No 4/2009.

§ 2. The Court may also, at the request of the debtor, to limit execution to protective measures or make enforcement of title of the submission by the claimant adequate security, if the ability to provide for the provisions of Regulation No 1215/2012, Regulation (EC) No 805/2004, Regulation (EC) no 1896/2006, Regulation (EC) no 861/2007 and Regulation (EC) No 4/2009. Ruling to limit executions to protective measures, the Court determines how security, using the provisions about how to secure the claims of security proceedings. On order of the Court shall be entitled to appeal.

Article. 115,321. [waiver of enforcement proceedings, in whole or in part] enforcement authority redeems the enforcement proceedings, in whole or in part, at the request of the also when: 1) the proceeding is conducted on the basis of title, referred to in article 1. 115,314 section 2, (a) the debtor shall submit to the provided for in the provisions of Regulation (EC) No 805/2004 proof of the loss or limitation of enforceability, which implies that the title is no longer enforceable;

2) final judgment was denied recognition or execution of the Executive title referred to in article 2. 115,314. 115,322. [the application of the provisions of the Act]. 115,316, art. 115,319. 115,321 paragraph 2 shall apply mutatis mutandis to decisions involving security measures falling within the scope of application of Regulation (EC) no 606/2013, which shall be enforceable in any other way than by execution.



TITLE III of the denial of recognition or of the implementation of article 1. 115,323. [request for refusing to comply with] § 1. The application for refusal of enforcement, referred to in the provisions of Regulation (EC) no 1215/2012, Regulation (EC) No 805/2004, Regulation (EC) no 1896/2006, Regulation (EC) no 861/2007, Regulation (EC) No 4/2009 or regulation (EC) no 606/2013, be brought before the District Court of the place of residence or seat of the debtor, and in the absence of such a court to the District Court within whose area is to be or is executed.

§ 2. The application for refusal of recognition and the application for a declaration of non-grounds for non-recognition, as provided for in the provisions of Regulation (EC) no 1215/2012, and the application for refusal of recognition provided for in the provisions of Regulation (EC) no 606/2013, be lodged with the District Court that would be competent jurisdiction to entertain the case settled or a judgment in which the district is located in the District Court of competent jurisdiction, and in the absence of the grounds is the District Court in Warsaw.

§ 3. Within the time limit fixed by the Court the opponent can give their opinions in the case.

§ 4. The Court recognizes the request a private session.

Article. 115,324. [complaint provision in relation to the non-execution, refusing to recognise or find the lack of grounds for refusal of recognition] on the provision on non-execution, refusing to recognise or find the lack of grounds for non-recognition are entitled to appeal, and the Court of appeals-appeal in cassation; You can also request the resumption of the proceedings, which was completed by a provision on the non-execution, refusing to recognise or find the lack of grounds for non-recognition, and finding of non-compliance with the provisions of the decree law issued on the subject.

Article. 115,325. [the application of the provisions of the Act]. 115,323 and article. 115,324 shall apply mutatis mutandis to decisions involving security measures falling within the scope of application of Regulation (EC) no 606/2013, which shall be enforceable in any other way than by execution.



PART FIVE ARBITRATION (ARBITRATION) title I General provisions article 1. 1154. [the proceedings before the Court of Arbitration] the provisions of this part shall apply, if the place of the proceedings before the Court of arbitration is in the territory of the Republic of Poland, and in the cases referred to in this section is also where the place of the proceedings before the Court of arbitration is outside the borders of the Republic of Poland or is not marked.

Article. 1155. [Place of the proceedings before the Court of Arbitration], § 1. The place of the proceedings before the Court of arbitration shall indicate to the parties or, in the absence of such an indication one of the arbitration agreement, given the nature of the proceedings, the circumstances of the case and the convenience to the parties.

§ 2. If the place of the proceedings before the Court of arbitration is not specified by the parties or by the arbitration agreement, it is believed that the place was located on the territory of the Republic of Poland, when that territory was issued the judgment terminating the proceeding.

Article. 1156. [the jurisdiction of the national courts of the Polish] Polish Courts shall have jurisdiction in matters covered by the national provisions of this part, if the place of the proceedings before the Court of arbitration is in the territory of the Republic of Poland. Polish courts shall have jurisdiction over the national even if the provisions of this part shall provide for court actions in connection with proceedings before the Court of arbitration, which the place is located beyond the borders of the Republic of Poland or is not marked.

Article. 1157. property [Court of Arbitration] If special provision provides otherwise, the parties may submit to a Court of Arbitration disputes about property rights or disputes about rights which may be the subject of judicial settlement-172 non-physical, except for maintenance.

Article. 1158. [the definition of Court], § 1. Whenever in the part of this question is about the Court, it is understood by the Court which would be competent to hear the case if the parties have not record on arbitration.

§ 2. The provisions of this section shall apply both to the Court of arbitration for the settlement of a particular dispute, as well as the composition of the Panel appointed under the Permanent Court of arbitration.

Article. 1159. [Taking steps by the Court] § 1. Within the scope of the provisions of this part, the Court may take action only where the law so provides.

§ 2. On order of the Court shall be entitled to appeal in cases specified in the Act.

§ 3. In the cases referred to in article 1. 1171, 1172, 1177, 1178 and 1179, the Court may declare a private session. Before the decision, the Court may hear the parties, the hearing may be held by the receipt of a declaration in writing. Where necessary, the Court may require that a written statement contained the signature notarized certified.

Article. 1160. [Service notice written] § 1. If the parties have not agreed otherwise, the written notice shall be deemed to have been served when it was handed out to the addressee personally or delivered them to his headquarters or his habitual residence or to the designated by the postal address.

§ 2. If the recipient is an entrepreneur registered before the competent court register or other public register, a notice shall be deemed to have been served when it came to the address indicated in the register, unless the party gave another address for service.

§ 3. If any of the places listed in the preceding paragraphs could not be established in spite of exercising due diligence, written notice shall be deemed to have been served when it was sent to the last known place of establishment or last known place of residence of the recipient. In such case, notice shall be deemed to have been served on the last day of the period in which the consignment is to be received by the addressee.

§ 4. The provisions of the preceding paragraphs shall not apply to the service.



TITLE II, the entry for arbitration Art. 1161. [Record on Arbitration] § 1. Submission of the dispute to a Court of arbitration requires an agreement between the parties, which shall indicate the subject of the dispute or legal relationship from which the dispute resulted or may result (on arbitration).

§ 2. Unsuccessful write agreements for arbitration violates the principle of equality of the parties and, in particular, giving only one page to action before the Court of arbitration provided for in or before the Court.


§ 3. Record on arbitration may indicate a permanent arbitration as competent to settle the dispute. If the parties have not agreed otherwise, the Permanent Court of arbitration rules binds them in force at the date of the conclusion of the arbitration agreement.

Article. 1162. [requirements relating to the form of the arbitration agreement] § 1. The entry on the arbitration agreement should be drawn up in writing.

§ 2. Write form requirement for arbitration is met even if the record was featured in these letters between the parties or statements made by using the means of communication at a distance, that allow you to fix their content. The reference to the agreement on a document that contains a provision having the dispute to a Court of arbitration meets the requirements for the form of the arbitration agreement, if this agreement is drawn up in writing, and this appointment is the kind that makes the entry part of the agreement.

Article. 1163. [Record on arbitration in the agreement is a trading company] § 1. Set out in the agreement (Statute) trading company record on arbitration for disputes with respect to the company involves a company and its shareholders.

§ 2. Provision of section 1 shall apply mutatis mutandis to entries on arbitration contained in the statutes of a cooperative or association.

Article. 1164. [a record of the arbitration agreement from the scope of labour law] entry in the arbitration agreement covering the labour disputes can be done only after the dispute and requires written form. Article 5(1). 1162 § 2 shall not apply.

Article. 1165. [the Court's rejection of the application for entry in the arbitration agreement] § 1. In the case of bringing a court case concerning a dispute under the entry for the arbitration agreement, the Court rejects the application or application for the initiation of nieprocesowego, if the defendant or a participant in a proceeding nieprocesowego picked up alleged record on arbitration before wdaniem in the dispute on the merits of the case.

§ 2. Provision of section 1 shall not apply where the record on the arbitration agreement is invalid, ineffective, unworkable or has lost its power, as well as if the Arbitration ruled for his impropriety.

§ 3. Bringing a case to court is not an obstacle to resolve the matter by arbitration.

§ 4. The provisions of the preceding paragraphs shall also apply if the place of the proceedings before the Court of arbitration is outside the borders of the Republic of Poland or is not marked.

Article. 1166. [the possibility of securing the claims by the Court] § 1. Submission of the dispute to a Court of arbitration does not exclude the possibility of a security by the Court of claims asserted before the Court of arbitration.

§ 2. Provision of section 1 shall also apply when the proceedings before the Court of arbitration is outside the borders of the Republic of Poland or is not marked.

Article. 1167. [power of attorney to draw up a record on Arbitration] power of attorney to make a legal act issued by the entrepreneur also includes fixing to make a record on arbitration in disputes arising out of this legal action, unless the proxy shows something else.

Article. 1168. [refusal to act as arbitrator] § 1. If the person designated in the arbitration as the arbitrator or the arbitrator the President refuses to perform this function, or when performing this function it will prove impossible for other reasons, the arbitration shall be repealed, unless the parties agreed otherwise.

§ 2. In the absence of a different agreement between the parties, the arbitration agreement shall cease, if the arbitration referred to in this entry did not accept the case for diagnosis or when the diagnosis of the case within the Court turned out to be from other causes.



TITLE III the composition of the Court of arbitration Article. 1169. [the composition of the Court of Arbitration], § 1. The parties in the agreement to determine the number of judges of the Court of arbitration (the arbitrators).

§ 2. In the absence of such a determination of the arbitration shall be composed of three arbitrators.

§ 3. The provisions of the agreement granting one party more powers in the appointment of Court of arbitration are ineffective.

Article. 1170. [the function of an arbitrator] § 1. The arbiter may be a natural person, regardless of nationality, has the full capacity to act.

§ 2. The arbiter may not be the judge. This does not apply to judges in the rest.

Article. 1171. [how to appoint arbitrators] § 1. The parties may agree on the way the appointment of arbitrators.

§ 2. In the absence of such agreement the arbitrators shall be appointed as follows: 1) if the case is to be resolved by arbitration agreement consisting of an odd number of arbitrators, each Party shall appoint an equal number of arbitrators, then the arbitrators shall appoint an arbitrator the President; If a party does not appoint an arbitrator or arbitrators within one month from the date of receipt of the request of the other party, to make, or if the arbitrators appointed by the parties do not have designated arbitrator the President within one month from the date of their appointment, the arbitrator or arbitrators or arbitrator, the Chairman shall appoint a court at the request of either party;

2) if the case is to be resolved by a sole arbitrator, or within one month from the date on which one of the Parties requested the joint appointment of the arbitrator, the parties have not already done so, an arbitrator appointed by the Court at the request of either party;

3) if the case is to be resolved by arbitration agreement consisting of an even number of arbitrators, each Party shall appoint an equal number of arbitrators and the arbitrators shall choose from among its members a Chairman; If a party does not appoint an arbitrator or arbitrators within one month from the date of receipt of the request of the other party, to make, or if the arbitrators appointed by the parties do not choose an arbitrator the President within one month from the date of their appointment, the arbitrator or arbitrators or arbitrator, the Chairman shall appoint a court at the request of either party.

§ 3. Party or parties may appoint a replacement arbitrator, also in the event of death, step down, (the expiry of appointment) of the arbitrator designated by it.

Article. 1172. [the possibility of the appointment of an arbitrator by the Court] If by agreement between the parties of an arbitrator or an arbitrator the President has to appoint a third person who did not make it in by hand, and when the parties of this period did not identify, within one month from the date of the call for her to make, either party may apply to the Court with a request to appoint an arbitrator or the Chairman of an arbitrator, unless the parties agreed otherwise.

Article. 1173. [qualifications of arbitrator] § 1. Quoting an arbitrator, the Court shall take into account the qualifications, that the arbitrator should have according to the agreement of the parties, and other circumstances that provide for the appointment of an arbitrator a person independent and impartial.

§ 2. Citing the sole arbitrator or the Chairman of the arbitrator in the dispute between the parties to the resident or established in the different Member States, the Court should consider the need for the appointment of a person unconnected with any of these countries.

Article. 1174. [exclusion of arbitrator] § 1. A person appointed to an arbitrator shall submit in writing to each of the parties and the other arbitrators statement about its impartiality and independence. A person appointed to an arbitrator shall immediately disclose to the parties any circumstances that could raise doubts as to its impartiality or independence.

§ 2. The arbitrator may be excluded only if there are circumstances which raise a reasonable doubt as to his impartiality or independence, and even when there are no qualifications referred to in the agreement of the parties. The exclusion of an arbitrator, the party itself has set up or appoint which participated, it may require only for reasons of which they became aware after his appointment.

Article. 1175. [the resignation of arbitrator] the arbitrator may give way at any time. If fading has occurred without valid reasons, the arbitrator shall bear responsibility for the damage thus sustained.

Article. 1176. [the procedures for disabling the arbitrator] § 1. The parties may determine the procedure for the exclusion of an arbitrator.

§ 2. If, within one month from the date on which a party has notified to the Court of arbitration request the exclusion of the arbitrator as specified by the parties, the arbitrator is not turned off, the party requesting the exemption may, within the next two weeks to apply to the Court a request for the exclusion of an arbitrator. Different provisions of the agreement between the parties are unsuccessful.

§ 3. If the parties have not agreed otherwise, the party requesting the exclusion of an arbitrator shall within a period of two weeks from the date on which it became aware of his vocation, or from the date on which it became aware of the circumstances referred to in article 1. 1174 § 2, notify in writing all of the arbitrators appointed to settle the case and the other party. In the notice, which shall be sent to all these people, it should be pointed out the circumstances justifying the request for exemption.

§ 4. If within a period of two weeks from the date on which in accordance with § 3 served with the judge a notice of his request, the arbitrator the same persists or not be revoked pursuant to consistent statements of the parties submitted in writing to the party requesting the exemption may, within the next two weeks to apply to the Court a request for the exclusion of an arbitrator.

§ 5. If the arbitrator resolves or is canceled by the parties in connection with its request for exemption, this does not mean the same thing, that this claim was justified.

§ 6. To the Court of the application referred to in § 2 and 4, there is no impact on the course of the proceedings before the Court of arbitration, unless the arbitration agreement decides to suspend this proceeding until a settlement of the request by the Court.

Article. 1177. [Appeal arbitrator] § 1. The parties may at any time make a written statement in accordance with reference to each of the arbitrators.

§ 2. At the request of either party, the Court may revoke the arbitrator, if it is clear that the arbitrator did not perform their activities in a reasonable period of time, or if you are delayed in their implementation without reasonable cause.


Article. 1178. [replacement Arbitrator] § 1. In the event of expiry of the appointment of the arbitrator, a new (replacement) the arbitrator shall be appointed in the manner that is prescribed for the appointment of an arbitrator.

§ 2. If fading or reference by the parties or the Court of the arbitrator appointed by one of the parties has taken place twice, the other party may request that the Court has appointed a new (replacement) an arbitrator by the other party. A request that may occur within a week of the day on which it became aware that the new (replacement) the arbitrator appointed by the Party stepped down or has been revoked.

Article. 1179. [right of arbitrator to salary and expenses] § 1. The arbitrator shall be entitled to remuneration for their activities and expenses incurred in connection with the performance of those activities. The responsibility of the party is United.

§ 2. If the amount of remuneration and expenses to return there was agreement with the parties to the arbitrator, the arbitrator may require that the Court has established its remuneration according to effort and the value of the subject matter of the dispute, as well as reimbursable expenses.

§ 3. On order of the Court shall be entitled to appeal.



TITLE IV the Court of arbitration Article Property. 1180. property [Court of Arbitration], § 1. Arbitration can decide about its properties, including the existence, validity or effectiveness of the arbitration agreement. The invalidity or termination of the agreement, which provides a record of the arbitration agreement, by not means annulment or expiration of record.

§ 2. The plea of lack of competence of the Court of arbitration may be raised not later than in response to a lawsuit, or on another date specified by the parties, unless before the expiry of the home did not know and at best due diligence was not able to get to know the basics of this plea or its basis was formed only after the expiry of that period. In both cases, arbitration can resolve the complaint raised after the deadline, if it deems the delay as justified. The appointment of an arbitrator by a party or parties to participate in his appointment does not deprive her of the right to raise this allegation. That reported in the pending request of the opposing party is outside the scope of the arbitration agreement should be raised immediately after the notification of this request. Arbitration can recognise complaint raised after this date if it considers the delay as justified.

§ 3. About the plea, referred to in § 2, arbitration can decide in a separate provision. If the arbitration provision of this distance, any party may within a period of two weeks from the date of notification of this decision apply to the Court for its decision. Initiation of proceedings before the Court shall not prevent identification of the matter by arbitration. To the proceedings before the Court. 1207 shall apply mutatis mutandis. On order of the Court shall be entitled to appeal.

Article. 1181 [Provision for the application of security] § 1. If the parties do not agree otherwise, the arbitration at the request of a party, which uprawdopodobniła asserted claim, may decide to apply this way of security, which is deemed appropriate due to the subject matter of the dispute. When issuing such order, arbitration may subject it to the lodging of appropriate security.

§ 2. At the request of the parties arbitration may amend or revoke an order issued on the basis of § 1.

§ 3. Order of the Court of arbitration for provisional detention shall be enforced after giving him the enforceability by the Court. The provisions of article 4. 1214 § 2 and 3 and article. 1215 shall apply mutatis mutandis.

Article. 1182. [damage resulting from unjustified security] if ordered by the arbitration of the provisional detention was clearly unfounded, the Party on whose behalf the measure was applied, shall be responsible for the resulting from here. The claim for damages may be asserted in the ongoing proceedings before the Court of arbitration.



Title V of the proceedings before the Court of arbitration Article. 1183. [Peer treatment pages before Arbitration Court] in the proceedings before the Court of arbitration, the parties should be treated równoprawnie. Each party has the right to be heard and present their claims and evidence in their support.

Article. 1184. [the proceedings before the Court of Arbitration], § 1. If a provision of the law provides otherwise, the parties may agree to the rules and procedure before the Court of arbitration.

§ 2. In the absence of different arrangements of the parties, the arbitration agreement may, subject to the provisions of the Act, to lead the investigation in such manner as it deems appropriate. Arbitration is not bound by the rules on proceedings before the Court.

Article. 1185. [the designation of the place of the proceedings by the arbitration agreement] if the parties do not agree otherwise, the arbitration agreement regardless of the fixed place of proceedings may designate a sitting at any place it deems appropriate for the completion of deliberations of the arbitrators either for evidence.

Article. 1186. [start of proceedings before the Court of Arbitration] in the absence of different arrangements of the parties, the proceedings before the Court of arbitration shall begin on the day on which the defendant was served with the letter containing the request to resolve the case in the proceedings before the Court of arbitration (request for arbitration). Arbitration request should specify the subject matter and the parties and indicate the entry for arbitration on the basis of which the investigation is to be carried out, and also include the appointment of an arbitrator, if it is the party which makes a request for arbitration.

Article. 1187. [the language of the proceeding] § 1. The parties may agree the language or languages in which the proceedings will be carried out. In the absence of such agreement, the language or languages of the proceedings decided by arbitration. A reconciliation of the parties, or the decision of the Court of arbitration, unless decided otherwise in them, apply to all written representations of the parties, the trial and the judgments of the Court of arbitration and notifications.

§ 2. Arbitration may order, to each document was accompanied by its translation into the language or languages agreed upon by the parties or determined by the Court.

Article. 1188. [time limit for filing the statement of claim] § 1. For a period to be agreed by the parties or, if the parties have not otherwise agreed, within the time limit set by the arbitration agreement should bring an action the plaintiff, and the defendant may submit a response to the lawsuit. To the statement of claim and reply to the lawsuit, the parties may attach documents as they consider appropriate.

§ 2. In the absence of different arrangements of the parties to a lawsuit or claim may be supplemented or amended in the course of the proceedings before the Court of arbitration, unless the arbitration agreement does not allow for such additions or changes due to too late to make them.

§ 3. The provisions of paragraph 1 and 2 shall also apply to a counterclaim.

Article. 1189. [Diagnosis of the case at the hearing] § 1. In the absence of different arrangements of the parties, the arbitration agreement decides whether to conduct a hearing for the presentation of claims by the parties or evidence to support them, or whether the proceeding will be conducted on the basis of documents and other writings, without the designation of a hearing. If the parties do not agree that an investigation will be carried out without the determination hearing, the arbitration is required to resolve the matter at the hearing, one of the parties so requests.

§ 2. The parties should be informed early enough about the trial and the Court of arbitration meetings held for the purpose of carrying out the evidence.

§ 3. All letters submitted by the Court of polubownemu should be served on the other side. Both parties should be delivered opinions by experts and other evidence in writing that arbitration may take into account in the settlement of the dispute.

Article. 1190. [waiver of proceedings], § 1. Arbitration redeems the proceedings if the plaintiff brings the claim in accordance with art. 1188. § 2. If the defendant fails to reply to the statement of claim in accordance with art. 1188, arbitration proceedings. No responses to the lawsuit cannot be considered a granting of the facts cited in the lawsuit.

§ 3. If a party fails to appear at a hearing or does not submit the documents which a party was required to submit to arbitration, can lead the proceedings and issue a ruling based on the evidence collected.

§ 4. The provisions of § 1-3 shall not apply if the party will justify its inaction or failure to appear, unless the parties agreed otherwise.

Article. 1191. [taking of evidence by the arbitration agreement] § 1. Arbitration may carry out proof of examination of witnesses, documents, Visual inspection, as well as other necessary evidence may not, however, apply coercive measures.

§ 2. In the absence of different arrangements of the parties, the arbitration may also: 1) to appoint an expert or experts to seek their advice;

2) require parties to provide expert information or submit him or grant to examine documents or other items.

§ 3. In the absence of different arrangements of the parties, at the request of the parties or if arbitration considers it necessary, the expert on presentation of their written or oral feedback participates in court, in the course of which the parties can ask him questions and request clarifications.

Article. 1192. [taking of evidence by the District Court] § 1. Arbitration may request for the taking of evidence or perform another action, the arbitration cannot, to the District Court in whose jurisdiction the witness or action should be carried out. Evidence in the proceedings before the District Court can attend parties and arbitrators with the right questions.

§ 2. Provision of section 1 shall also apply when the proceedings before the Court of arbitration is outside the borders of the Republic of Poland or is not marked.


Article. 1193. [Failure to the proceedings before the Court] If uchybiono the provisions of this part, from which the parties may derogate or uchybiono specified by the parties, the rules of the proceedings before the Court of arbitration, which the above uchybieniu she knew she could not raise a plea of such misconduct before the Court of arbitration, nor invoke such failure in the application to set aside the judgment of the Court of arbitration, if not raised a plea immediately or within the period specified by the parties or the provisions of this part.



TITLE VI of the judgment of the Court of arbitration and the termination of the proceeding Article. 1194. [to settle the dispute by arbitration agreement] § 1. Arbitration the dispute settled according to the law applicable to the relationship, and when I go to this page explicitly authorized, according to the General principles of law or equity.

§ 2. In any case of arbitration shall take into account the provisions of the agreement and established practice applicable to a given legal relationship.

Article. 1195. [judgment by arbitration agreement] § 1. If the arbitration agreement recognizes the matter composed of more than one arbitrator, his decision shall be reached by a majority of votes, unless the parties have agreed otherwise. Ruling on matters of procedure may seem like yourself the arbitrator the President, if it is authorized to do so by the parties or the other arbitrators.

§ 2. The arbitrator, who voted against the position of the majority, may be on the judgment by his signature noted that reported a dissenting opinion.

§ 3. Justification a separate sentence must be drawn up within two weeks from the date the settlement of themes and attach to the file of the case.

§ 4. If sentencing cannot be achieved the required unanimity or majority what to settle the whole or the parts of the subject matter of the dispute, the arbitration agreement in this regard is hereby repealed.

Article. 1196. [waiver of proceedings as a result of the settlement of] § 1. If the parties conclude a settlement before the Court of arbitration, the arbitration proceedings shall be decommitted by. Osnowę settlement draws to the Protocol or in a separate document forming part of the Protocol and the States parties ' signatures.

§ 2. At the request of the parties to the arbitration may give the settlement in the form of a judgment. Judgment of the Court of arbitration issued on the basis of a settlement of the parties should comply with the requirements of article 4. 1197 and include a statement that it is the judgment of the Court of arbitration. The judgment has the same effects as any other judgment of the Court of arbitration.

Article. 1197. [conditions for the formal judgment of the Court of Arbitration], § 1. Judgment of the Court of arbitration should be made in writing and signed by the arbitrators, who released him. If the judgement is issued by the arbitration hearing the matter composed of three or more arbitrators be enough most of the signatures of the arbitrators stating the reasons for the lack of other signatures.

§ 2. Judgment of the Court of arbitration should contain motives.

§ 3. Judgment of the Court of arbitration should indicate the entry for arbitration on the basis of which the judgment include the designation of the parties and the arbitrators, and also specify the date and place of issue. When each of the arbitrators shall be signed by the judgment in another State, and the parties did not identify the place of judgment, this space defines the arbitration.

§ 4. Judgment of the Court of arbitration shall be submitted to the parties.

Article. 1198. [for prosecute] beyond the accidents referred to in article 1. 1190 § 1 and article. 1196 § 1, arbitration seems to resolve to prosecute if: 1) the reason he withdrew the claim, unless the respondent objected to this, and the arbitration found that he has a legitimate interest in the ultimate settlement of the dispute;

2) stated that the continuation of the proceedings has become another cause of unnecessary or impossible.

Article. 1199 [termination of duties by arbitrators] after the release of the judgment or the redemption of the conduct or any other provisions of the end of the proceedings in the case, end the duties of arbitrators with the exception of the obligations referred to in article 1. 1200-1203. 1204 § 1.

Article. 1200. [request for rectification of errors] § 1. Within two weeks from the date of receipt of the judgment, unless the parties have agreed upon another term: 1) either party may, after informing the other parties, apply to the Court of arbitration of the correction in the text of the judgment of the inaccuracies, writing errors or obvious or other accounting errors;

2) either party may, after informing the other parties, apply to the Court of arbitration for the resolution of doubts as to the content of the judgment.

§ 2. If arbitration finds the request reasonable, rectifies or interpretation of a judgment within two weeks from the date of receipt of the request. Interpretation shall form an integral part of the judgment.

Article. 1201. [Make correction by the arbitration agreement] within one month from the date of the judgment of the arbitration may be corrected ex officio clerical errors or accountants or other obvious errors. Rectification of arbitration shall notify the parties.

Article. 1202. [request for supplement of the judgment] unless the parties have otherwise agreed, each of them may, after informing the other parties, apply to the Court of arbitration within one month from the date of receipt of the request for judgment his supplement to the proceedings reported requests arbitration has not ruled in a judgment. After diagnosis of a request arbitration seems a supplemental judgment within two months from the date of submission of the application.

Article. 1203. [extension of the deadline to submit an application] paragraph (1). Arbitration may extend the time limit to submit an application for correction, interpretation or an additional judgment, if it considers this necessary.

§ 2. For rectification or interpretation of the judgment and the judgment supplementing article 12 shall apply. 1195 and 1197.

Article. 1204. [bailiff] § 1. Files of the case, together with the original judgment of the arbitration is made in court.

§ 2. Fixed conciliation courts can store files in their own archives and then should make them available to the Court and the other notified bodies on request.

§ 3. In the event of further consideration by the Arbitration Court shall be entitled to inspect the complex files.



TITLE VII action for set aside the judgment of the Court of arbitration Article. 1205. [Action to set aside the judgment of the Court of Arbitration], § 1. Judgment of the Court of arbitration, which was released in the Republic of Poland may be waived only by the Court in proceedings instituted as a result of complaints about its repeal, in accordance with the following provisions.

§ 2. If the parties have agreed that the proceedings before the Court of arbitration will be covered more than one instance, Reg. § 1 applies to the final judgment of the Court of arbitration for the settlement of the Parties requests.

Article. 1206. [annulment of the judgment of the Court of Arbitration], § 1. A party may by way of complaint to demand the repeal of the judgment of the Court of arbitration, if: 1) there was no entry in the arbitration agreement, the arbitration agreement is invalid, ineffective or expired under the law for him;

2) has not been duly notified of the appointment of an arbitrator, the proceedings before the Court of arbitration or otherwise was deprived of the ability to defend their rights before the Court of arbitration;

3) judgment of the Court of arbitration of the dispute concerns not covered by a record on arbitration or is beyond the scope of this entry, however, if the decision in the matters covered by the entry for arbitration can be separated from the decision on matters not covered by this entry or beyond its scope, can be waived only in respect of matters not covered by the record or beyond its scope; exceeding the scope of the arbitration agreement cannot constitute grounds for annulment of the judgment, if the party who participated in the proceedings, is not notified of the allegations as to resolve claims going beyond the scope of the writing;

4) not maintained requirements for the composition of the Court of arbitration or the basic principles of the proceedings before the Court arising from law or referred to by the parties;

5) judgment was obtained by means of a crime or the basis of the judgment was a bogus document or converted;

6) in the same case between the same parties fell into a final judgment of the Court.

§ 2. Set aside the judgment of the Court of Arbitration also occurs when the Court finds that: 1) according to the law of the dispute cannot be settled by arbitration;

2) judgment of the Court of arbitration is contrary to the fundamental principles of the legal order of the Republic of Poland (the public order clause).

Article. 1207. [provisions applicable to actions for set aside the judgment of the Court of Arbitration], § 1. To set aside the judgment of the Court of arbitration complaint about the article. 368 shall apply mutatis mutandis.

§ 2. If the following rules provide otherwise, to deal with complaints about set aside the judgment of the Court of arbitration provisions on appeal shall apply mutatis mutandis.

Article. 1208. [complaint to set aside the judgment of the Court of Arbitration], § 1. A complaint to set aside the judgment of the Court of arbitration shall be lodged to the Court of appeal within whose territory is a court which would be competent to hear the case if the parties have not record on arbitration, and in the absence of this base is to the Court of appeal in Warsaw, within two months from the date of service of the judgment, or if a party brought about the supplement, rectification or interpretation of a judgment – within two months from the date of service by the decision of this arbitration request.

§ 2. If the action set aside the judgment of the Court of arbitration is based on the basis referred to in article 1. 1206 § 1 section 5 or 6, the deadline for filing a complaint is counted from the date on which the party became aware of this basis. May not, however, require the repeal of the judgment of the Court of arbitration after the expiry of five years from the date of delivery of its judgment of the Court of arbitration.

§ 3. From a judgment in a proceeding with a complaint about set aside the judgment of the Court of arbitration is entitled to appeal in cassation. You can also request the resumption of the proceedings culminating in a final judgment in relation to the repeal of the judgment of the Court of arbitration and the illegality of the final judgment on the matter.


Article. 1209. [suspension of proceedings], § 1. The Court to which the complaint was lodged to set aside the judgment of the Court of arbitration, may, at the request of either party – stay the proceedings for a specified period, to allow the Court of polubownemu the resumption of the proceedings in order to remove the grounds to set aside the judgment of the Court of arbitration.

§ 2. In the arbitration proceedings undertaken performs the actions specified by the Court. The recipe article. 1202 shall apply mutatis mutandis. The Parties shall not, however, a separate action for annulment issued in this mode, the judgment of the Court of arbitration. Pleas to the Court of arbitration and the judgment rendered against the Court of Arbitration Court recognizes the following procedure.

Article. 1210. [suspension of the implementation of the judgment of the Court of Arbitration] Court in private session may suspend the execution of the judgment of the Court of arbitration, may, however, make the suspension of the lodging of a security. On order of the Court shall be entitled to appeal to a different composition of that Court.

Article. 1211. [no expiration of the arbitration] set aside the judgment of the Court of arbitration does not result in the expiry of the entry in the arbitration, unless the parties agreed otherwise.



TITLE VIII of the recognition and Declaration of enforceability of a judgment of the Court of arbitration or settlement agreement before him contained Article. 1212. [the legal power of the judgment of the Court of Arbitration], § 1. Judgment of the Court of arbitration or court settlement concluded before him have legal force on a par with the judgment of a court or concluded before a court settlement after their recognition by the Court or by the Court following the confirmation of their enforceability.

§ 2. Judgment of the Court of arbitration or settlement before it concluded, regardless of the extent to which the country has been issued shall be subject to recognition or declaration of enforceability on the principles referred to in this title.

Article. 1213. [Decree of recognition of the enforceability of the judgment of the Court], § 1. Recognition or declaration of enforceability of a judgment of the Court of arbitration or conciliation before the Court concluded the Court at the request of a party. The application site shall be accompanied by the original or a certified copy of the judgment or of its arbitration by agreement before him contained, as well as the original entry in the arbitration agreement or an officially certified copy thereof. If the judgment of the Court of arbitration or agreement before him contained or record on arbitration are not drawn up in the language of the Polish, the Party shall include a certified translation thereof into Polish.

§ 2. Within two weeks of the date of notification of the proposal, a party may submit to the Court the position in the case.



Article. 12131. [recognition or declaration of enforceability of a judgment of the Court of arbitration and the settlement agreement before him contained] § 1. Recognition or declaration of enforceability of a judgment of the Court of arbitration or settlement agreement before him contained rules in the territory of which the Court of appeal is a court that would be competent to hear the case if the parties have not record on arbitration, and in the absence of this base-the Court of appeal.

§ 2. To proceedings for recognition or declaration of enforceability of a judgment of the Court of arbitration or settlement agreement before him contained shall apply mutatis mutandis the provisions on appeal.

Article. 1214. [provision for recognition of a judgment be declared unfit for execution] § 1. About the recognition of the judgment of the Court of arbitration or settlement agreement before him contained, unfit to perform in repossessions, the court order issued in private session.

§ 2. The Court finds the enforceability of the judgment of the Court of arbitration or settlement before it concluded, in repossessions, giving them a clause. Judgment of the Court of arbitration or settlement before it concluded, whose feasibility has been established, they are titles of regulations.

§ 3. Court refuses to recognise or enforceability the judgment of the Court of arbitration or settlement before it concluded, if: 1) according to the provisions of the Act shall be subjected to the dispute to a Court of arbitration;

2) recognition or enforcement of the judgment of the Court of arbitration or settlement before it contained would be contrary to the fundamental principles of the legal order of the Republic of Poland (the public order clause).

§ 4. On order of the Court of appeal in relation to the discretion or judgment of the Court of arbitration of enforceability issued in the Republic of Poland or the settlement agreement before him contained are entitled to appeal to a different composition of that Court.

Article. 1215. [the judgment about the feasibility of the sentence pronounced abroad], § 1. Recognition or declaration of enforceability of a judgment of the Court of arbitration issued abroad or agreement concluded before the Court of arbitration abroad, the Court after the hearing.

§ 2. Regardless of the reasons mentioned in article 10. 1214, the Court at the request of a party refuses to recognise or enforceability of Arbitration Court issued abroad or mutual agreement before the Arbitration Court abroad if the party demonstrates that: 1) there was no entry in the arbitration agreement, the arbitration agreement is invalid, ineffective or expired under the law for him;

2) was not duly notified of the appointment of an arbitrator, the proceedings before the Court of arbitration or otherwise was deprived of the possibility to defend their rights before the Court of arbitration;

3) judgment of the Court of arbitration of the dispute concerns not covered by a record on arbitration or is beyond the scope of this entry, however, if the decision in the matters covered by the entry for arbitration can be separated from the decision on matters not covered by this entry or beyond its scope, refusal of recognition or declaration of enforceability of a judgment of the Court of arbitration may be allowed in cases not covered by the record or beyond its scope;

4) the composition of the Court of arbitration or proceedings before this Court were not in accordance with the agreement of the parties or, in the absence of agreement on the matter-were not in accordance with the law of the Member State in which the proceedings were conducted before the Court of arbitration;

5) judgment of the Court of arbitration has not even binding on the parties or has been revoked or its execution was suspended by a Court of a Member State, in accordance with the law or whose judgment has been released.

§ 3. From a final order of the Court in relation to the discretion or judgment of the Court of enforceability of arbitration issued abroad or agreement concluded before the Court of arbitration abroad shall be entitled to appeal in cassation. You can also request the resumption of the proceedings culminating in a final provision on recognition or declaration of enforceability and finding of non-compliance with the provisions of the decree law issued on the subject.

Article. 1216. [Postponement of a declaration of enforceability of the judgment], § 1. If the complaint was to set aside the judgment of the Court of arbitration in accordance with the provisions of title VII, the Court requested the recognition or declaration of enforceability of that judgment, it may defer the recognition of the matter. The Court may also, at the request of the party requesting the recognition or declaration of enforceability of a judgment of the Court of arbitration, order the other side of the submission of the relevant Security.

§ 2. Provision of section 1 shall apply mutatis mutandis if a complaint about set aside the judgment of the Court of arbitration issued abroad is sought in the country in which or under the law of which the judgment was issued.

§ 3. The provisions of paragraph 1 and 2 shall apply by analogy to the settlement concluded before the Court of arbitration.

Article. 1217. [Final dismissal of the action for annulment of the judgment] in proceedings for recognition or declaration of enforceability of a judgment rendered in the Court of arbitration of the Republic of Poland or of a settlement concluded before arbitration courts in the Republic of Poland, the Court does not examine the circumstances referred to in article 1. 1214 § 3, if the action of set aside the judgment of the Court of arbitration has been legally dismissed.

[1] on the basis of the judgment of the Constitutional Court of 10 July 2000 (Journal of laws No. 55, item 665) article. 1, understood in this way that, in terms of the concept of "civil matters" may not be a claim for monetary liabilities, which the source is the administrative decision is incompatible with article 2. paragraph 45. 1. in connection with article 2. 31.3. 3 of the Constitution of the REPUBLIC. Article. 1 in ww. for expired on July 17, 2000.

[2] on the basis of the judgment of the Constitutional Court of 20 July 2004 (OJ l. No. 169, item. 1783) article. 48 § 1 section 5 in connection with the article. 401 para 1 and art. 379 point 4 in so far as it limits the exclusion of a judge by virtue of the same Act only to cases in which the settlement took part in the instance immediately below, is incompatible with article 2. paragraph 45. 1 of the Constitution of the REPUBLIC. Article. 48 § 1 section 5 in connection with the article. 401 para 1 and art. 379 points 4. the field has lost the power of 30 July 2004.

[3] on the basis of the judgment of the Constitutional Court of 9 February 2010 (OJ No. 24, item. 125) article. 3941 § 2 in so far as it is added in force until 21 May 2009.-did not give grounds for challenging the provisions in relation to the cost of the process in her own right for the first time by the Court of second instance, is incompatible with article 2. 78 in view of art. paragraph 176. 1, in connection with article 2. paragraph 45. 1, and in connection with the article. 32 of the Constitution of the REPUBLIC. Article. 3941 § 2 above. for expired on February 15, 2010.

On the basis of the judgment of the Constitutional Court of 2 June 2010 (OJ Nr 109, poz. 724) article. 3941 § 2 in so far as it does not provide for the possibility of appeal against the order of the Court of second instance dismissing a request to disable the judge filed in the proceedings before the Court of second instance, is incompatible with article 2. paragraph 45. 1 of the Constitution of the REPUBLIC and is not incompatible with article 4. paragraph 176. 1 of the Constitution of the REPUBLIC. Article. 3941 § 2 above. for expired on June 22, 2010.

[4] on the basis of the judgment of the Constitutional Court of 13 October 2015 (OJ poz. 1673) article. 3941 § 3, in so far as it does not provide for the possibility of appeal against the decision on the costs of the proceedings, issued for the first time by the Supreme Court, is compatible with article 7. paragraph 45. 1. in connection with article 2. 78. 32 paragraph 1. 1 of the Constitution of the REPUBLIC and is not incompatible with article 4. paragraph 176. 1 of the Constitution of the REPUBLIC.


[5] on the basis of the judgment of the Constitutional Court of July 1, 2008 (OJ l. No. 120, item. 779), art. 3986 § 2 in connection with article 2. 3984 § 1, paragraph 3, in so far as it provides for the rejection of a call for without deficiencies-appeal not satisfying the requirements referred to in article 1. 3984 § 1, paragraph 3, is incompatible with article 2. paragraph 45. 1. in connection with article 2. 31.3. 3. 2 of the Constitution of the REPUBLIC. Article. 3986 § 2 in connection with article 2. 3984 § 1 paragraph 3 in ww. for expired on July 8, 2008.

[6] on the basis of the judgment of the Constitutional Court of July 1, 2008 (OJ l. No. 120, item. 779), art. 3986 § 3 in conjunction with article 8. 3984 § 1, paragraph 3, in so far as it provides for the rejection of a call for without deficiencies-appeal not satisfying the requirements referred to in article 1. 3984 § 1, paragraph 3, is incompatible with article 2. paragraph 45. 1. in connection with article 2. 31.3. 3. 2 of the Constitution of the REPUBLIC. Article. 3986 § 3 in conjunction with article 8. 3984 § 1 paragraph 3 in ww. for expired on July 8, 2008.

[7] on the basis of the judgment of the Constitutional Court of 22 September 2015 (OJ reference 1527) article. 408 to the extent that after a period of five years from the date on which the judgment does not allow you to request the resumption of the proceedings due to invalidity arising from a breach of article 3. 6 (2). 1, of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950, as amended by the protocols, then no. 3, 5 and 8, and supplemented by Protocol No. 2 (Dz. u. of 1993 No. 61, item 284; ost –: OJ 2010 No. 90, item 557), which eventually ruled the European Court of human rights, is incompatible with article 2. paragraph 77. 2. in connection with article 2. paragraph 45. 1 of the Constitution of the REPUBLIC. Article. 408 in ww. the field cease to 3 April 2017.

[8] on the basis of the judgment of the Constitutional Court of 28 November 2006 (OJ l No 226, POS. 1656) article. 416, in so far as it excludes the admissibility of the proceedings are resumed when the basis of complaint about the resumption of the is article. 4011 of the code, is incompatible with article 2. 190 paragraphs 1 and 2. 4 and with article. paragraph 45. 1, art. paragraph 77. 2. 32 paragraph 1. 1 of the Constitution of the REPUBLIC. Article. 416 in ww. terms expired December 11, 2006; the indication given by section 1 of the article. 1 point 2 of the Act of 9 May 2008 amending the law-code of civil procedure (OJ No 96, poz. 609), which entered into force on July 6, 2008.

[9] on the basis of paragraph 2 of the judgment of the Constitutional Court of 26 November 2013 (OJ poz. 1439) article. 456 § 3, in so far as it relates to the issue of denial of paternity is not compatible with article 7. 47 in view of the article. 31.3. 3 and in connection with article 2. 18 of the Constitution of the REPUBLIC and art. 8 of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950, as amended by the protocols, then no. 3, 5 and 8, and supplemented by Protocol No. 2 (Dz. u. of 1993 No. 61, item 284, ost –: OJ 2010 No. 90, item 557). Article. 456 § 3 in ww. the field has lost the power of 4 December 2013.

[10] expired on November 30, 2003, by the fact that in determining the catalogue of decisions containing both the characteristics of the pierwszoinstancyjnego proceedings, as well as the appropriate instance control prevents the appeal, the appeal from the decision of the Court of appeal page Antitrust order issued at first instance, on the basis of the judgment of the Constitutional Court of 12 June 2002, ref. the Act p. 13/01 (Journal of laws No. 84, item. 764).

[11] expired June 25, 2002, to the extent that disables the ability to request the reimbursement of the costs of the proceedings by the prevailing party proceedings before the Court, on the basis of the Antitrust judgment of the Constitutional Court of 12 June 2002, ref. the Act p. 13/01 (Journal of laws No. 84, item. 764).

[12] Article. 47954 repealed 5 February 2005 by article 1. 1, point 77 of the Act of 2 July 2004, amending the law-code of civil procedure and certain other laws (Journal of laws No. 172, 1804).

[13] Article. 47965 repealed 5 February 2005 by article 1. 1 section 80 of the Act of 2 July 2004, amending the law-code of civil procedure and certain other laws (Journal of laws No. 172, 1804).

[14] Lost power on June 1, 2003, on the basis of article. paragraph 76. 1 of the law of 28 March 2003 on railway transport (OJ 2007 No. 16, item 94).

[15] on the basis of the Constitutional Court's judgment of 20 December 2007 (OJ l. No. 247, poz. 1845) art. 1302 § 4, first sentence, in conjunction with article 8. 494 § 1, as defined by the law of 28 July 2005 on court costs in civil cases (Journal of laws No. 167, item 1398; ost –: OJ 2007 No. 125, item 873), in so far as economic matters in the proceedings that the Court rejects the unpaid charges from the payment order, brought by entrepreneur niereprezentowanego by a lawyer or solicitor without prior summons for payment of the receivable, are incompatible with article 10. 32 paragraph 1. 1, art. paragraph 45. 1. 78 of the Constitution of the REPUBLIC and shall not have been incompatible with article 4. paragraph 176. 1 of the Constitution of the REPUBLIC. Article. 494. the following section 1 of the given act of 28 July 2005 on court costs in civil cases (Journal of laws No. 167, item 1398). terms expired December 29, 2007.

[16] on the basis of the judgment of the Constitutional Court of 7 March 2007 (OJ c. No. 47, item. 319) article. 559 in connection with art. 545 § 1 and 2, in so far as it does not grant the person ubezwłasnowolnionej to request permission to start proceedings to set aside or vary incapacitation, is incompatible with article 2. 30. 31 of the Constitution of the REPUBLIC. Article. 559 in connection with art. 545 § 1 and 2. for expired March 16, 2007.

[17] on the basis of the judgment of the Constitutional Court of 7 March 2007 (OJ c. No. 47, item. 319) article. 559 in connection with art. 545 § 1 and 2, in so far as it does not grant the person ubezwłasnowolnionej to request permission to start proceedings to set aside or vary incapacitation, is incompatible with article 2. 30. 31 of the Constitution of the REPUBLIC. Article. 559 in connection with art. 545 § 1 and 2. for expired March 16, 2007.

[18] Article. 777 § 3 repealed 3 may 2012 by art. 1 paragraph 81 (b). (c) the Act of 16 September 2011, amending the law-code of civil procedure and certain other laws (Journal of laws No. 233, item 1381).

[19] Now: the Minister competent for agriculture, in accordance with article 4. 4. paragraphs 1 and 2. 1, art. 5 paragraph 17. 22 of the Act of 4 September 1997 on organization of the Government Administration (OJ of 2013. poz. 743), which entered into force on 1 April 1999.

[20] currently: the Minister competent for the public finances, in accordance with article 4. 4. paragraphs 1 and 2. 1, art. 5 (3) and article 3. 8 of the Act of 4 September 1997 on organization of the Government Administration (OJ of 2013. poz. 743), which entered into force on 1 April 1999.

[21] Article. the following § 6 833 determined by art. 31, point (1) of the Act of 11 February 2016. State aid in child rearing (OJ item. 195). The amendment entered into force on 1 April 2016.

[22] Article. 833 §7 added by art. 31, point (2) of the Act of 11 February 2016. State aid in child rearing (OJ item. 195). The amendment entered into force on 1 April 2016.

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