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Act 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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ACT

of 17 November 1964

Code of Civil Procedure

PRETITLE TITLE

General provisions

Article 1. [ Regulatory scope] [ 1] The Code of Civil Procedure shall normalize judicial proceedings in matters of civil, family and caring law and labour law, as well as in matters of social security and other matters to which the provisions of the This Code shall apply by virtue of special laws (civil matters).

Article 2. [ Recognition of civil cases] § 1. A general court shall be appointed for the recognition of civil cases, provided that such cases do not fall within the jurisdiction of the special courts and the Supreme Court.

§ 1a. (repealed)

§ 2. (repealed)

§ 3. They shall not be recognised in judicial proceedings of civil matters, where the special provisions provide them to the characteristics of other bodies.

Article 3. [ Obligations of parties and participants] The parties and the participants of the proceedings are obliged to make procedural steps in accordance with good customs, to give an explanation as to the circumstances of the case in accordance with the truth and without the taking of anything, and to present evidence.

Article 4. (repealed)

Article 5. [ Page Poucher] In the event of a reasonable need, the court may give the parties and participants the proceedings in the case without a lawyer, legal counsel, patent ombudsman or counsel of the Prosecutor General of the General Treasury the necessary lectures as to the procedural steps.

Article 6. [ Rate of action] § 1. The Tribunal should counteract the conduct of the proceedings and endeavour to make the decision at its first meeting, if possible without prejudice to the clarification of the case.

§ 2. The parties and participants of the proceedings shall be obliged to attach all the facts and evidence without delay, so that the proceedings may be carried out efficiently and promptly.

Article 7. [ Attorney's powers] The prosecutor may request the opening of proceedings in any case, as well as to take part in any pending proceedings, if, in his opinion, the protection of the rule of law, the rights of citizens or of the public interest so requires. In cases not covered by the family law, the public prosecutor may only bring an action in the cases indicated in the Act.

Article 8. [ NGOs] Non-governmental organisations whose statutory task is not to conduct an economic activity may, for the protection of the rights of citizens, in the cases provided for by the Act, initiate proceedings and take part in the ongoing proceedings.

Article 9. [ Avarity of the hearing] § 1. The recognition of cases shall take place explicitly, unless a specific provision provides otherwise. The parties and participants in the proceedings shall have the right to review the file of the case and to receive copies, copies or extracts from those files. The content of the protocols and letters may also be made available electronically by means of a teleinformatic system serving legal proceedings (either a telecommunication system) or another electronic computer system serving those protocols. protocols or letters.

§ 2. The parties and participants in the proceedings shall have the right to receive from the file a record of the recording of sound or image and sound, unless the protocol has been drawn up only in writing. The chairman shall issue a sound recording of the file if the release of the image and sound is contrary to an important public or private interest.

§ 3. If the meeting took place at the door of closed pages and the participants in the proceedings have the right to receive a record of the sound only from the file.

Article 10. [ Ugoda] In cases where the conclusion of a settlement is admissible, the court shall strive in any state of proceedings to deal with them, in particular by inciting the parties to mediate.

Article 11. [ Power of criminal convictions] The findings in criminal proceedings of a final conviction on a criminal offence shall be binding on the court in civil proceedings. However, a person who has not been charged may plead in civil proceedings against any circumstance excluding or restricting its civil liability.

Article 12. [ Investigation of criminal claims] Property claims arising from a criminal offence may be entered in civil proceedings or in accidents in a law provided for in criminal proceedings.

Article 13. [ Recognition Mode] § 1. The court recognizes the cases in the trial, unless the Act states otherwise. In the cases provided for in the law, the court shall recognize cases in accordance with the provisions on separate proceedings.

§ 2. The provisions of the process shall apply mutatis mutandis to other types of proceedings unregulated in this Code, unless specific provisions stipulate otherwise.

Article 14. (repealed)

PART ONE

RECONNATION

THE FIRST BOOK

PROCESS

TITLE I

Court

SECTION I

Court jurisdiction Preliminary provision

Article 15. [ Property] § 1. The competent court shall have jurisdiction at the time when the action is brought before the proceedings have been completed, even if the grounds of jurisdiction have changed in the course of the case.

(2) The Court of First Instance cannot accept that it is not appropriate if it has become appropriate in the course of the proceedings.

Chapter 1

Property in kind

Division 1

Property Basics

Article 16. [ Jurisdiction of district courts] The district courts shall recognise all cases except cases for which the jurisdiction of the district courts is reserved.

Article 17. [ Jurisdiction of district courts] The jurisdiction of the district courts is:

(1) non-testimonial rights and their total income claims in addition to matters of determination or denial of the origin of the child, to establish the immaterial recognition of the paternity and to the adoption of the adoption;

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

3) on claims arising from the Press Law;

4) on property rights, in which the value of the subject matter of the dispute exceeds seventy-five thousand zlotys, in addition to cases of alimony, about the violation of possession, about the establishment of property separation between spouses, to agree on the contents of the perpetual book with the actual legal status and the cases identified in the electronic up-ominable procedure;

4 1 ) issuing a decision to replace the resolution on the division of cooperatives;

4 2 ) the annulment, annulment or non-existence of a resolution of the bodies of legal persons or organisational entities which are not legal persons, the law of which is granted legal capacity;

4 3 ) to prevent and combat unfair competition;

4 4 ) Compensation for damage caused by the issuance of a final non-legal decision.

5) (repealed)

6) (repealed)

Article 18. [ Forwarding the case to the district court] § 1. If, in the case of a case in the District Court, a legal issue arises in the case of serious doubts, the court may refer the case to the District Court for reconnalisation. The order in which the case may be referred is justified.

§ 2. The district court may, before the first hearing, refuse to accept the case and bring the case back to the district court if it considers that serious doubts do not occur. The order shall be held in an implicit session in the composition of the three Judges and shall be justified. A resubmission of the same case by a district court shall not be admissible.

Division 2

Value of the subject matter

Article 19. [ Value of subject matter of dispute] § 1. In cases of pecuniate claims, reported even in return of another subject, the amount of money given is the value of the subjectmatter of the dispute.

§ 2. In other cases of property, the purpose of the matter is to determine the amount of the subjectmatter of the dispute in the lawsuit, taking into account the provisions contained in the articles below.

Article 20. [ Interest, borrowing, costs] The value of the subject-matter of the dispute does not include interest, benefits and costs, which are requested in addition to the main claim.

Article 21. [ Investigation of several claims] If the plaintik claims several claims, their value shall be counted.

Article 22. [ Repeating benefits] In cases of entitlement to recurring benefits, the value of the subjectmatter of the dispute shall be the sum of the benefits for one year and, if the benefits are less than one year old, for the entire duration of the benefits.

Article 23. [ Lease, Leases] In cases of existence, cancellation or termination of the rental or lease agreement, the issue or receipt of the subject of a rental or lease, the value of the subject-matter of the dispute shall be the value of the subject matter of the contracts concluded for the time marked-the sum of the rent for the time at issue, but more than a year; in contracts concluded for an indefinite period of time-the sum of the rent for a period of three months.

Article 23 1 . [ Claims by employees concerning the establishment, existence or termination of the employment relationship] In the case of workers ' claims relating to the establishment, existence or termination of employment, the value of the subjectmatter of the dispute constitutes, for fixed term contracts, the sum of the remuneration for the work for the period of the dispute, but not more than a year, and the contracts for the contract for an indefinite period of time, for a period of one year.

Article 23 2 . [ Calculation of value of subject matter] In matters of the issue of immovable property held without a legal title or under a title other than the rental or lease of the value of the subject-matter of the dispute shall be calculated by taking, according to the type of property and the manner in which it is used, given by the claimant the sum corresponding to the three-month rent or lease due to the property.

Article 24. [ Securing, pledge, mortgage] In cases of collateral, a pledge or mortgage the value of the subject-matter shall be the sum of the claims. However, if the object of the security or the pledge is less than the claim, the value shall be reduced by a smaller value.

Article 25. [ Check value of the subject matter] § 1. The court may at its meeting of secret check the value of the subject-matter of the dispute marked by the claimant and order the investigation to this end.

§ 2. Upon the service of the application, the examination may be carried out only on the defendant's plea, as reported before being in dispute as to the substance of the case.

§ 3. If a court or tribunal as a result of the examination of the value of the subjectmatter of the dispute is deemed inappropriate, it shall refer the matter to the competent court; if there are several competent courts, it shall transmit it to them, which shall indicate the reason.

Article 26. [ Exclusion of re-examination] After having determined in accordance with the preceding article, the value of the subjectmatter of the dispute shall not be reexamined in the course of the proceedings.

Chapter 2

Local jurisdiction

Division 1

General Property

Article 27. [ Place of residence] § 1. The application shall be brought before the court of first instance in whose district the defendant is domiciled.

§ 2. The place of residence is determined by the provisions of the Civil Code.

Article 28. [ Place of stay] If the defendant has no place of residence in Poland, the general property shall be determined according to the place of his stay in Poland, and when it is not known or not lying in Poland-according to the last place of residence of the defendant in Poland.

Article 29. [ Seat of the State Business Unit] A claim against the State Treasury is based on the seat of the State organisational unit, which is linked to the claim.

Article 30. [ Seat of the legal person] An action against a legal person or other non-natural person shall be issued at the place of their establishment.

Division 2

Transformation Property

Article 31. [ Rule] Proceedings for matters covered by the provisions of the branch of this branch may be governed either by the provisions of general jurisdiction or before the court or tribunal in the following provisions.

Article 32. [ Maintenance claims, determination of the origin of the child] The claim for a maintenance claim and the determination of the origin of the child and the related claim can be made according to the place of residence of the person entitled.

Article 33. [ Claims against Business Unit] A claim for a property claim against an entrepreneur may be brought before the court in whose district the main establishment or branch is situated if the claim remains in connection with the activity of that establishment or branch.

Article 34. [ Agreements claims] An action to conclude an agreement, to determine its content, to amend the contract and to determine the existence of the contract, the execution, termination or cancellation of the contract, and the compensation for failure to execute or the non-execution of the contract may be brought before the court of justice. the place of its execution. In case of doubt, the place of performance of the contract should be recorded.

Article 35. [ Claims from a torn-in act] A claim for a claim from an act which is not allowed to be issued may be brought before the court in whose district the event of the injurious situation occurred.

Article 36. [ Remuneration of proxy] A claim for payment of a claim for the conduct of a case may be brought before the court of the place where the plenipotentiary of the case brought the case.

Article 37. [ Lease, Real Estate Lease] A claim for a claim from a lease or lease of real estate may be issued before the court of the place where the property is located.

Article 37 1 . [ Appointment against the obligation of the promissory notes or the check] § 1. An action against a vector or chequer may be brought before a court of payment.

§ 2. Several of the bills from the promissory notes or cheques may be sued before the court of the place of payment or the general jurisdiction of the acceptante or the exhibitor of the promissory notes or the check.

Division 3

Exclusive property

Article 38. [ Property Rights on Property] § 1. The claim for property or other property rights in real estate, as well as an action for the possession of a property, may be brought before the court of the place where it is located. Where the subject-matter of the dispute is ground, the property shall be determined according to the location of the property to be charged.

§ 2. The property above extends to personal claims related to rights in rem and is brought together with them against the same defendant.

Article 39. [ Fall] The title of inheritance, preservation, as well as of record, command and other wills shall be issued only before the court of the last habitual residence of the deceased, and if the place of his habitual residence in Poland does not give rise to the to determine, before the court of the place where the estate or part of the estate is located.

Article 40. [ Membership] The membership of a cooperative, a company or an association shall be exclusively based on the place of its establishment.

Article 41. [ Appointment of the relationship of marriage] A marriage shall only be brought before the court in whose district the spouses have the last place of residence if, although one of them is still resident or habitually resident in that district, the surviving spouse shall have his or her last place of residence. In the absence of such a basis, only the court of the place of residence of the defendant is competent, and if that basis does not, the court of the place of residence of the plaintibe.

Article 42. [ Parents and children] The application of the relationship between parents and children and between the adoptive and the adopted shall only be brought before the court of the place of residence of the claimant, if there is no reason to bring an action under the general jurisdiction rules.

Division 4

Specific provisions

Article 43. [ Selection of the court by the plaintil] § 1. Where the jurisdiction of a number of courts is justified, or if action is taken against a number of persons for whom different courts are competent according to the general jurisdiction, the choice between those courts shall be the reason for the plaintile.

§ 2. The same applies to the case where the property, the location of which is the basis for marking the jurisdiction of the court, is situated in several court districts.

Article 44. [ The designation of another court] If the competent court cannot, on the grounds of an obstacle to the matter or to take another action, the Tribunal shall appoint another court at a meeting of that court.

Article 45. [ Designation of the competent court] If, pursuant to the provisions of the Code, it is not possible on the basis of the circumstances of the case to determine the local jurisdiction, the Supreme Court shall, in an implicit meeting, mark the court before which the action should be brought.

Article 46. [ Contractual property] § 1. The parties may make an appointment in writing of the submission to the court of first instance, which, according to the law, is not a local jurisdiction, a dispute which has already been the result of any dispute or dispute that may arise in the future from a legal relationship. That court will then only be competent if the parties have not decided otherwise or if the claimer has not filed a claim in electronic upsetting proceedings. The parties may also limit the agreement by written law to choose the plaintile between several courts competent for such disputes.

§ 2. However, the parties cannot change the exclusive property.

SECTION II

Court composition

Article 47. [ Composition] § 1. In the first instance, the court shall recognise cases in the composition of one judge, unless a special provision provides otherwise.

§ 2. In the first instance, the court in the composition of one judge as chairman and two jurors recognizes the cases:

1) from the scope of labour law at:

(a) determination of the existence, establishment or termination of employment relationship, the recognition of the ineffectiveness of termination of employment relationship, the reinstatement of work and the restoration of previous working conditions or the wage, and the combination of claims and of the compensation in the event of unjustified or infringing provisions of notice and termination of the employment relationship,

(b) infringements of the principle of equal treatment in employment and of the claims relating to them,

(c) compensation or redress as a result of the use of mobbing;

2) from family relations at:

(a) divorce,

(b) separation,

(c) establishing the impractical recognition of paternity,

(d) the adoption solution.

§ 3. Provisions outside the hearing and order of order shall be issued by the President.

§ 4. The President of the Tribunal may order the case to be heard in the composition of three professional judges, if it considers this to be desirable in the light of the particular intricacess or precedent nature of the case.

Article 47 1 . [ Court Referendary] A judicial referendary may carry out activities in civil proceedings in the cases indicated in the Act. Within the scope of the duties assigned to him, the court referendary shall have the competence of the court, unless the law provides otherwise.

SECTION III

Disablement

Article 48. [ Exclusion of a judge by law] § 1. The judge is excluded by the law itself:

1) in cases where it is a party or remains with one of the parties in such a legal relationship, that the outcome of the case has an effect on its rights or obligations;

2) in the affairs of his spouse, relatives or duties in the straight line, relatives of the side to the fourth degree and the duty of the side to the second degree;

3) in matters of persons associated with it for adoption, care or guardianore;

4) in cases where he was or is still a proxy or was a legal adviser of one of the parties;

5) [ 2] in cases where, in a lower instance, he participated in the adoption of the contested decision, as well as in cases of validity of a legislative act, drawn up or recognised by him or by him, and in cases where he was a prosecutor;

6) in matters of compensation for the damage caused by the issuance of a final illegal decision, if it participated in the issuing of this ruling.

§ 2. Powers of the exemption shall also last after the cessation of the justifying them for marriage, adoption, care or guardianering.

§ 3. A judge who has taken part in the issue of a decision covered by a reopening complaint shall not rule on that complaint.

Article 49. [ Exemption of a judge upon request or request] Irrespective of the reasons set out in the Article. 48, the court shall exclude the judge at his/her request or at the request of the party, if there is a circumstance of such a nature that it could cause a reasonable doubt as to the impartiality of the judge in the case.

Article 50. [ Application for exemption] § 1. An application for the exclusion of a judge shall be notified in writing or orally to the minutes in the court in which the case is pending, prima facie evidence of the reasons for the exclusion.

§ 2. The party which acceded to the hearing should, moreover, prima facie evidence that the reason for the exemption was only later established or became known to it.

§ 3. Until the request to exclude the judge is resolved:

1. the requested judge may take further action;

2. a decision or order terminating the proceedings may not be issued.

Article 51. [ Duties of Judge] The judge shall inform the court of the application of his or her exclusion.

Article 52. [ Exclusion in order of exclusion] § 1. The judgment of the court in which the case is brought shall be ruled out by the exclusion of the judge, and if that court cannot issue the order in the absence of a sufficient number of Judges, the court shall be postponed.

§ 2. The order shall be issued by the court in the composition of three professional judges after an explanation has been given by the judge whose application concerns. The order may be issued at an implicit meeting.

§ 3. Having regard to the request for an exemption to the judge, the court shall abolishing the proceedings in respect of the participation of that judge in the case after the application has been lodged, unless the acts have been carried out by him or not by a delay.

Article 53. (lost power)

Article 53 1 . [ Re-request to exclude Judge] A repetition of an exemption based on the same circumstances shall be rejected without being heard by the Judge concerned. The court recognizing the case shall be rejected. Article Recipe 51 shall apply mutatis mutandis. The order may be issued at an implicit meeting.

Article 54. [ Application of department provisions] The provisions of this chapter shall apply mutatis mutandis to the exclusion of a judicial referendary, a juror, as well as other judicial authorities and a prosecutor. The application for the exclusion of the court referendary and the jury shall be decided by the court in accordance with the preceding provisions and the request for exclusion of the other persons shall be sent to the relevant parent body.

TITLE II

Prosecutor

Article 55. [ Appointment for the designated person] The prosecutor, when exerting an action for the designated person, should indicate it in the lawsuit. This does not apply to non-family matters in the field of family law, unless specifically provided for in the special provision.

Article 56. [ Prosecutor's position] § 1. The person in respect of whom the procurator has issued an action shall be notified by the court, by service of a copy of the claim. This person may enter into the case in any state of the case as a plaintiger; in this case, the public prosecutor's participation in the case shall be subject to appropriate provisions on joint-law.

§ 2. The procurator may not dispose of the dispute by himself.

Article 57. [ Command against Parties] If the procurator, when exerting an action, does not act in favour of the designated person, he shall bring a lawsuit against all persons who are parties to the legal relationship to which the action is taken.

Article 58. [ Reasons of judgement] The verdict of a final judgment in a case brought by a prosecutor has the seriousness of the judgment between the party to whom the prosecutor has brought the proceedings and the opposing party. However, in matters of property claims, the final decision of the case shall not deprive the party concerned, who has not taken part in the dispute, to assert his claims in whole or in part in which he has not been followed.

Article 59. [ Notice of the Prosecutor] The court shall inform the prosecutor of any matter in which he considers his participation to be necessary.

Article 60. [ Accession to the proceedings] § 1. The prosecutor can join the proceedings in every state of his stage. The prosecutor is not affiliated with any of the parties. It may make statements and make proposals as it deems appropriate, and to request the facts and evidence to be confirmed. From the time the public prosecutor has submitted his participation in the proceedings, he shall be served with pleadings, notices of time limits and meetings and court rulings.

§ 2. The procurator may challenge any judicial decision from which he serves the remedy. The time limits for challenging judicial decisions, laid down for the parties, shall also bind the prosecutor.

TITLE III

Non-governmental organisations

Article 61. [ Participation in proceedings] § 1. Non-governmental organisations with regard to their statutory tasks may, with the consent of the natural person expressed in writing, give rise to an action for the latter in respect of:

1) alimony;

2) protection of the environment;

3. consumer protection;

4. the protection of industrial property rights;

(5) the protection of equality and non-discrimination by the unfounded direct or indirect differentiation of the rights and obligations of citizens.

§ 2. In the cases referred to in § 1, non-governmental organisations within the scope of their statutory tasks may, with the consent of the natural person in writing, accede to it in the course of the proceedings.

§ 3. With the consent of the natural person, expressed in writing, the NGO, of which he is a member, may bring an action or accede to him in a dispute with another trader for claims. as a result of the business activity.

§ 4. The non-governmental organisation shall be accompanied by a written consent of the natural person in writing to the applicant or the letter.

Article 62. [ Application of the prosecutor's provisions] § 1. Non-governmental organisations withholding an action for natural persons shall apply, mutatis mutandis, to the prosecutor withholding an action for the benefit of the designated person, with the exception of Article 4 (1) of the basic Regulation. The second sentence of Article 58

§ 2. The accession of non-governmental organisations to the parties in the ongoing proceedings shall apply mutatis mutandis the provisions on the by-side intervention to which the provisions on participation uniformly have not been properly applied.

Article 63. [ Representation of the view] Non-governmental organisations referred to in the preceding Articles which do not participate may submit to the Court a significant view expressed in the resolution or in the statement of their duly empowered bodies.

TITLE IIIa

State Labour Inspectorate

Article 63 1 . [ Leadership for Citizens] In the matter of establishing the existence of an employment relationship, labour inspectors may bring an action for the benefit of the citizens and, with the agreement of the plaintiple, be allowed to proceed to the proceedings at any stage of the proceedings.

Article 63 2 . [ Application of the prosecutor's provisions] In the cases referred to in the article preceding the Labour Inspectorate, the provisions on the prosecutor shall be applied accordingly.

TITLE IIIb

District (urban) consumer spokesperson

Article 63 3 . [ Exposing the action, preface to the proceedings] In matters of consumer protection (urban), a consumer spokesperson may be able to bring an action for the benefit of the citizens and, with the agreement of the plaintiple, to enter into proceedings for these matters at every stage of the proceedings.

Article 63 4 . [ Application of the prosecutor's provisions] In the cases referred to in Article 63 3 In the district (urban) consumer spokesperson, the provisions on the prosecutor shall be applied accordingly.

TITLE IIIc

Entities entitled to participate in the proceedings on the basis of separate provisions

Article 63 5 . [ Permission to present to the court relevant to the case of the view] § 1. Where the separate provisions confer on certain entities which do not participate in the case, the power to provide a court relevant to the case of a view shall be subject to the provisions of Article 4 (1) and (2). 63. However, at the request of the rightholder, the court may allow the view to be presented also orally at the hearing.

§ 2. At the request of the rightholder, the court shall make the case file available to the extent necessary to present the view

TITLE IV

Pages

SECTION I

Judicial and procedural capacity

Article 64. [ Judicial capacity] § 1. Each natural and legal person has the capacity to act as a party (judicial capacity) in the process.

§ 1 1 The judicial capacity also has any organisational units which are not legal entities, which the Act grants legal capacity.

§ 2. (repealed)

Article 65. [ Capacity of the process] § 1. The capacity for process activities (capacity) has natural persons with full capacity for legal acts, legal persons and organisational units referred to in art. 64 § 1 1 .

§ 2. A natural person limited in capacity to legal acts shall have the capacity to process in matters arising from legal acts which he or she may carry out on his own.

Article 66. [ statutory representative] A natural person who is not in a procedural capacity may take procedural steps only by his statutory representative.

Article 67. [ Legal action] § 1. Legal persons and organisational units referred to in Art. 64 § 1 1 They shall carry out procedural steps either by their authorities or by persons authorised to act on their behalf.

§ 1 1 In the scope of a specific law for the state legal persons, procedural steps may be taken by the General Prosecutor's Office.

§ 2. For the State Treasury shall take the procedural steps of the state body of the organizational unit with which the claim is related, or the body of the parent company. To the extent specified by the separate Act for the Treasury, the State Treasury shall take the Procuratoria.

§ 3. (repealed)

Article 68. [ Obligation to document the strengthening] § 1. Statutory representative, bodies and persons referred to in Article 67 shall be required to demonstrate its attachment to the first procedural document.

§ 2. The provision of § 1 shall not apply when the court's affirmation is made possible on the basis of the list or other register to which the court has access by electronic means, and when the process activity is carried out through the system In the case where a specific provision provides that operations can only be carried out through that system. Statutory representative, bodies and persons referred to in Article However, 67 are required to indicate the basis for their consolidation.

Article 69. [ Appointment of a Curator] For a party not having a procedural capacity, which has no statutory representative as well as for the non-body appointed to represent it, the court at the request of the opposing party shall establish the curator, if that party takes up against on the other side, the process of discontinuous delay. The order of the court may fall in an implicit meeting.

Article 70. [ Complement to capacity shortfalls] § 1. If the shortcomings of the judicial or procedural capacity, or in the composition of the competent authorities, are supplemented, the court shall set a time limit for that purpose. In cases where the establishment of a statutory representative should be made ex officio, the court shall request the competent guardianship.

(2) The Court of First Instance may, on a temporary basis, allow a party which is not capable of judicial or procedural capacity, or of a person not having due statutory powers, provided that, before the expiry of the period laid down, the deficiencies will be completed and the tasks approved. by the person appointed to that person.

Article 71. [ Lifting of proceedings] If these deficiencies cannot be supplemented or have not been completed within the prescribed period, the court shall bring proceedings to the extent that it is affected by the deficiencies and shall, where necessary, issue an appropriate provision.

SECTION II

Co-arching in the dispute

Article 72. [ Types of co-arching] § 1. Several persons may, in one case, act as plaintiers or defendants, where the subject-matter of the dispute is:

1) the rights or obligations to them in common or based on the same factual and legal basis (material participation);

2) a claim or a liability of one kind, based on the same factual and legal basis, if, moreover, the jurisdiction of the court is justified for each of the claims or obligations of the person, as well as for all jointly (co-archy formal).

§ 2. If only a total of the case may be brought against several persons (participation necessary), the provision of the preceding paragraph shall also apply to persons whose participation in the case would justify the recognition of the case in the separate proceedings.

§ 3. Article 2 (2) shall apply mutatis mutandis in the case of material participation, other than co-law of necessity.

Article 73. [ Co-law of the single market] § 1. Each accessor acts on his own behalf.

§ 2. However, where the substance of the contested legal relationship or of the provision of the law indicates that the judgment in question has an indivisible effect on all the members of the law (joint-law), the procedural steps of the joint-law are to be effective in relation to the not running. The conclusion of a settlement, the waiver of a claim or the recognition of the action, the need for the consent of all the joint-members.

Article 74. [ Law of co-authors] Each of the members of the dispute shall have the right to support the matter themselves. The judicial meeting calls for all those complicity to whom the matter is not over.

SECTION III

Main and side intervention

Article 75. [ Main Intervention] The person who claims the benefit or the right to which the case is taking place, may, until the hearing in the first instance of the hearing, be brought to the proceedings of the benefit or the law against both parties before the court in which the case is brought (main intervention).

Article 76. [ By-side Intervention] Who has a legal interest in the matter to be settled in favour of one of the parties, may in any state of affairs until the closing of the trial in the second instance proceed to this party (by-intervention).

Article 77. [ Accession of the intervener to the case] § 1. The intervening party should have entered into an intervener's case in a letter in which he or she has a legal interest in the accession and to which the parties are acceding. That letter is to be served on both parties.

§ 2. The by-side may, with the accession to the case, combine the accomplishment of another procedural step.

Article 78. [ Opposition] § 1. Any party may declare an opposition against the intervention of a side-by-side intervener, but no later than at the beginning of the next hearing.

§ 2. The Court of First Instance dismissed the opposition after the hearing was carried out, if the intervener is likely to have a legal interest in joining the case.

§ 3. Despite the opposition's contribution, the incidental intervener is taking part in the case until the ruling that takes into account the opposition becomes final. In the event of a final consideration of the opposition, the actions of the offside intervener shall be considered as non-former.

Article 79. [ Intervention powers of the by-intervener] The incidental intervener shall be entitled to any procedural steps which are admissible according to the state of the case. However, they shall not be in contradiction with the actions and statements of the party to which he has acceded.

Article 80. [ Service] The following shall be served by the intervener in the case of service, such as the party, notification of the time limits and the court proceedings, as well as of the court's decision.

Article 81. [ Idiopathic Intervention] If it is apparent from the substance of the legal relationship or from the provision of the law that the judgment in the case is to be the subject of a direct legal effect in relation between the intervener and the opponent of the party to which the intervener intervened, the intervener in question must intervene in the the process shall apply mutatis mutandis the provisions on joint-law.

Article 82. [ Impossibility of raising the plea] The intervening party may not, in relation to the party to which it has acceded, claim that the case was wrongly resolved or that that party had been in a process of malfunction, unless the state of the case at the time of the intervener accede to it prevented him from having the use of the means of defence, or that the party intentionally or negligently did not benefit from the measures which were not known to the intervener.

Article 83. [ Intervener Input to Process] With the agreement of the parties, the incidental intervener may enter the place of the party to which he has acceded.

SECTION IV

Appearanning

Article 84. [ Indications] § 1. A party that would have a claim against a third party in the event of an unfavourable settlement or against whom a third party could claim a claim may notify such person of the ongoing process and call on the person concerned to submit a claim to the take part in it.

§ 2. To that end, the party shall bring to the court a pleading indicating the reason for the call and the state of the case. That letter shall be served without delay to a third party who may declare his or her accession to the party as an incidental intervener.

Article 85. [ Effects of non-accession] Effects on the by-side intervention set out in Article 82 shall arise in respect of a requested, non-accession, as soon as possible accession has been made possible.

CHAPTER V

Plenipotentiaries

Article 86. [ The action before the court] The parties and their bodies or representatives of the law may act before the court in person or by the plenipotentiaries.

Article 87. [ Entitled persons] § 1. The agent may be a lawyer or legal adviser, in industrial property matters as well as a patent spokesperson, and in the case of restructuring and bankruptcy, the person holding the licence of the restructuring adviser, and the person holding the management board the property or interests of the party and the person who is party to the fixed relationship of the order, if the subject matter falls within the scope of that order, the participation of the dispute, as well as the spouse, siblings, descendants or the initial parties and the persons remaining with the page in relation to the adoption of the adoption.

§ 2. Plenipotentiary of a legal person or an entrepreneur, including without legal personality, may also be an employee of that entity or its parent body. A legal person conducting, on the basis of separate provisions, legal service of an entrepreneur, legal person or other organizational unit may grant a procedural power of attorney-on behalf of the entity whose legal service leads-to the lawyer or a legal adviser, if authorised by that entity.

§ 3. In cases concerning the establishment and denial of the origin of the child and the maintenance claim, a representative may also be a competent representative in the field of social assistance of the authority of the local government and the social organisation, to provide assistance to the family.

§ 4. In matters relating to the holding of the agricultural holding, a representative of the individual farmers ' organisation whose farmer is a member may also be representative of the farmer.

§ 5. In matters relating to the protection of consumers ' rights, a representative may be a representative of an organisation to which the statutory tasks of the consumer protection are to be protected.

§ 6. In matters relating to the protection of industrial property, the representative of the originator of the inventive project may also be the representative of the organization, to which the statutory tasks belong to the matters of promotion of industrial property and providing assistance to the authors inventive projects.

Article 87 1 . [ Substitution of Parties] § 1. In proceedings before the Supreme Court, there is a replacement of the parties by lawyers or legal advisers, and in industrial property matters also by patent ombudsmen. Such a replacement shall also apply to procedural steps relating to the proceedings before the Supreme Court which are taken before the courts of a lower court.

§ 2. The provision of § 1 shall not apply in proceedings for exemption from court costs and for the establishment of a lawyer and when the party, its body, its legal representative or attorney is the judge, the prosecutor, the notary, or a professor or doctor habilitated legal sciences, and also when the party, its body or its statutory representative is an advocate, legal counsel or counsel of the Prosecutor General of the State Treasury.

§ 3. The provision of § 1 shall also not apply if the State Treasury or the State Legal Person's procedural replacement is exercised by the Public Prosecutor's Office of the State Treasury.

Article 88. [ Types of power of attorney] The power of attorney may be either a procedural-or a general one, or to the conduct of individual cases-or to some only procedural steps.

Article 89. [ Form of proxy] § 1. The plenipotentiary shall be obliged, at the first procedural act, to attach to the file of the case a power of attorney with the signature of the holder or a receivable copy of the power of attorney together with a copy for the opposing party. The lawyer, the patent attorney, and the Councillor of the Attorney General of the State Treasury may authenticate a copy of the power of attorney for themselves and copies of other documents showing their solicitation. The filing of a document demonstrating the strengthening or of a certified copy of the document shall not be required if the court's affirmation is possible on the basis of the list or other register to which the court has access by electronic means.

§ 1 1 . 18) The provision of paragraph 1 shall not apply to procedural steps carried out through a computerised system where specific provision provides that operations may be carried out only through that system. In that case, the proxy shall be appointed by the power of attorney, indicating the extent of the power of attorney and the circumstances set out in the Article. 87.

§ 2. In the course of the case, the power of attorney may be given orally at the court session by a statement made by the party and drawn to the protocol.

§ 3. (repealed)

Article 90. [ Signature in place of the replacement] For a party that cannot sign, he shall sign a power of attorney authorized by him, with a reason why the party did not sign itself.

Article 91. [ Range of Formation] The plenipotentiary of a procedural authority shall consist of the right to strengthen:

1) all of them, together with the case of procedural steps, without excluding counterclaim, the application for the resumption of proceedings and the proceedings brought about by the proceedings, as well as the introduction of a main intervention against the principal;

2. any security and enforcement activity;

3) grant further plenipotentiary to the legal counsel or legal counsel;

4) the conclusion of the settlement, the waiver of the claim or the recognition of the action, if these activities have not been excluded in the given mandate;

5) receive the costs of the process from the opposite side.

Article 92. [ Exponents] The scope, duration and effects of the strengthening of the plenipotentiary, as well as the strengthening of the various procedural steps, shall be assessed according to the content of the power of attorney and the provisions of civil law.

Article 93. [ Appeals of proxy statements] A person who is standing at the same time as a proxy may immediately straighter or dismiss a representative's statement.

Article 94. [ Termination of power of attorney] § 1. The denunciation of the plenipotentiary by the principal relates to the legal effect of the court as soon as it has been notified to the opponent and to the other participants, as soon as the court has served them that notification.

§ 2. An attorney or legal adviser who has issued a power of attorney is obliged to act for the site for two more weeks, unless the principal relieved him of that obligation. Any other proxy should, in spite of denunciation, act as a principal for the same time as it is necessary to prevent the lender from unfavourable legal effects.

Article 95. [ Application of the provision of art. 94] The rule of the preceding article shall apply mutatis mutandis to the lawyer established by the court in the event of exemption from the obligation to replace the party in the process.

Article 96. [ Termination of power of attorney] In the event of the death of the party, or the loss of the capacity of the judicial authority, However, the plenipotentiary shall act until the proceedings are suspended.

Article 97. [ Action without power of attorney] § 1. After the application has been lodged, the court may allow the person who is not eligible to present a plenipotentiary to take up a plenipotentiary. The order of the court may be subject to the security of costs.

The Tribunal shall at the same time set a time limit within which a person acting without a power of attorney should submit it or submit the approval of his or her action by the party. If the time limit has passed unsuccessfully, the court will skip the process of the person's trial. In that case, the opponent may request the acting without strengthening the reimbursement of the costs caused by his provisional acceptance.

TITLE V

Process Costs

SECTION I

Reimbursement of process costs

Article 98. [ Types of costs] § 1. The unsuccessful party shall be obliged to return to the opponent at his request the costs necessary for the deliberate investigation of the rights and the deliberate defence (the costs of the trial).

§ 2. To the necessary costs of a process carried out by the party personally or by a proxy, who is not a lawyer, legal counsel or a patent attorney, shall include the court costs incurred by it, the costs of the journeys to the court or her the proxy and the equivalent of earnings lost as a result of the judgment in court. The sum of the costs of the journeys and the equivalent of the lost earnings shall not exceed the remuneration of one lawyer performing the profession at the seat of the trial court.

§ 3. The necessary costs of the process of the party represented by the lawyer include the remuneration, however not higher than the rates of charges laid down in the separate provisions and expenses of one lawyer, the court costs and the costs ordered by the personal court site.

§ 4. The amount of the court costs, the rules for the return of lost earnings or income and the costs of placing the party in court, as well as the remuneration of the lawyer, legal counsel and the patent ombudsman regulate separate regulations.

Article 98 1 . [ Mediation costs] § 1. The necessary costs of the process include the costs of mediation conducted as a result of referral by the court.

§ 2. If the civil proceedings were initiated within three months from the date of the termination of the mediation which was not terminated by the settlement or within three months from the day of the decision to refuse the approval of the settlement by the court, to the the necessary costs of the process include the costs of mediation not exceeding the fourth part of the charge.

§ 3. For the purposes of determining the costs of mediation, art shall apply accordingly 98 § 2 and 3.

§ 4. The Minister of Justice shall determine, by way of regulation, the remuneration of the mediator, including the permanent mediator, for conducting a mediation procedure initiated on the basis of the referral of the court and the expenses of the mediator, including the permanent mediator, to be recovered, taking into account the nature of the case and the value of the subject-matter of the dispute and the smooth conduct of the mediation procedure, as well as the necessary expenses related to conducting the mediation.

Article 99. [ Reimbursement of costs] The parties represented by the legal counsel, the patent ombudsman or the Prosecutor General of the Treasury shall reimburse the costs in the amount due in accordance with the provisions on the remuneration of the lawyer.

Article 100. [ Mutual abolition of costs] In the event of partial or partial consideration of the requests, the costs shall be abolished or relatively separated. The court may, however, insert into one of the parties an obligation to reimbursing all the costs if its opponent has only been submissive to an insignificant part of his request or where the determination of the sum due to him depended on the mutual overstatement or the assessment of the court.

Article 101. [ Reimbursement of costs of the defendant] Reimbursement should be given to the defendant despite the fact that the action was taken into account if he did not give rise to the case and considered the request for a lawsuit at the time of the first procedural action.

Article 102. [ Loss of the losing side] In the case of a particularly justified case, the court may rule on the losing side only a part of the costs or not to pay the costs at all.

Article 103. [ Pending costs] § 1. Irrespective of the outcome of the case, the court may insert an obligation on the party or intervener to reimbursable costs, whether or not they have caused them to be inconsped or manifestly

§ 2. The provision of § 1 concerns, in particular, the costs arising from the evasion or clarification of the untruthful, concealed or delayed appointment of evidence, and of course the unjustified refusal to submit to the mediation.

Article 104. [ Ugoda vs Process Costs] The costs of the process in which a settlement is concluded shall be mutually exclusive if the parties have not decided otherwise.

Article 104 1 . [ Abolition of mediation costs] The costs of mediation carried out as a result of the court's referral and the settlement concluded shall be mutually exclusive if the parties have not decided otherwise.

Article 105. [ Reimbursement of costs by complicity] § 1. The litigants of the dispute return the costs of the process in equal parts. However, the Court may order the reimbursement of the costs, as appropriate, for the participation of any of the co-authors in the case where there are significant differences in this respect.

§ 2. On the part of the dispute which is jointly and severally liable to the substance of the case, the court shall lay down a joint and several liability for reimbursement of expenses. For the costs arising out of procedural steps taken by individual co-members solely in their own interest, other co-authors are not responsible.

Article 106. [ Prosecutor's participation and the costs of the process] The public prosecutor's participation in the case does not justify the payment of a refund to the State Treasury or the State Treasury.

Article 107. [ By-XX_ENCODE_CASE_CAPS_LOCK_Off Intervention Of The Side-by-side] An intervening party which does not apply the provisions on joint participation shall not reimbursable the costs of the opposing party to which he has acceded. The Court may, however, grant the intervener to a successful opponent of the party to which the intervener intervened, the reimbursement of the costs of the intervener's spontaneous procedural actions. The court may also grant to the intervener the costs of intervention from an opponent obliged to reimbursement of expenses.

Article 108. [ Cost Resolution] § 1. The court shall decide on the costs in each of the decisions terminating the case in the instance. The Court may, however, only decide on the rules of the parties to the costs of the trial, leaving a detailed calculation of the referendary of the judiciary; in that situation, after the final decision of the decision on the case, the referendary of the Court of First instance shall be entitled to be determined by the the court of first instance shall issue a provision in which it makes a detailed calculation of the costs to be charged to the parties.

(2) The Court of First Instance, by repealing the contested decision and by transferring the case to the court of first instance, shall leave the court to the court with a decision on the costs of the appeals instance.

Article 108 1 . [ Restoration of judicial costs] If, in the course of the proceedings, the court has not held an obligation to bear the costs of a judicial or decision not to take over the entire amount due to that title, the decision on the subject shall, at a sitting of the court, issue a court hearing before which the matter has been dealt with in the proceedings. first instance.

Article 109. [ Claim Reimbursement Claim] § 1. A claim for reimbursement shall be extinguished if, at the latest before the closing of the hearing immediately preceding the decision, the party does not submit a cost statement to the court or shall not report the application for the award of costs in accordance with the rules of the prescribed rules. However, the costs due to a party acting without a lawyer, legal adviser or a patent ombudsman shall rule from the office.

§ 2. By waiving the amount of the costs granted to the process, the court shall take into account the advisability of the costs incurred and the necessity to bear them on account of the nature of the case. In determining the amount of the costs incurred by the party represented by the attorney who is an advocate, legal counsel or patent attorney, the court shall take into account the necessary effort of the proxy's and the actions taken by him in the case, including the action taken for amicable settlement of the dispute, also before the application is brought, and the nature of the case and the contribution of the proxy in contributing to its clarification and settlement.

Article 110. [ Expenses of other participants] The Tribunal may order from a witness, expert, representative or legal representative, after hearing them, reimbursement of the costs caused by their grossly guilty. The order of the court may fall in an implicit meeting.

SECTION II

Legal aid ex officie

Article 111. (repealed)

Article 112. (repealed)

Article 113. (repealed)

Article 114. (repealed)

Article 115. (repealed)

Article 116. (repealed)

Article 117. [ Establishment of a lawyer] § 1. The party relieved by the court of the court costs in whole or in part may demand the establishment of a lawyer.

§ 2. A natural person, not released by the court of court costs, may request the establishment of a lawyer, if he submits a statement, from which it is apparent that he is not in a position to incur the costs of remuneration of the lawyer without the prejudice to the maintenance necessary for each other and the family.

§ 3. A legal person or other organizational unit, the law of which grants judicial capacity, which is not released by a court of judicial costs, may request the establishment of a lawyer, if it can prove that there are insufficient funds for the transfer of legal proceedings the costs of remuneration of the lawyer.

§ 4. An application for the establishment of a lawyer's lawyer shall, together with a request for exemption from judicial costs or separately, in writing or orally to the minutes, be filed in a court where the matter is to be brought or is already in question. A natural person who has no place of residence at the premises of that court may apply for the establishment of a lawyer in the district court due to his or her place of residence, who shall immediately send that application to the court of law. appropriate.

§ 5. The Tribunal shall take into account the application if the participation of the lawyer in the case is deemed necessary.

§ 6. Application for the establishment of a lawyer, notified for the first time in appeal proceedings, cassation or proceedings against the application for a declaration of illegality of the final decision, the court shall transmit to the court the first court to the court of first place of the instance, unless it considers the application to be justified.

Article 117 1 . [ Statement of assets, family, income and livelihores] § 1. A natural person shall attach to the application for the establishment of a lawyer's lawyer a statement covering the details of his or her family state, assets, income and livelihores. The statement shall be drawn up in accordance with the model Where an application for the establishment of a lawyer is made together with an application for an exemption from judicial costs, the natural person shall be accompanied by a single statement.

§ 2. The Tribunal may receive from a natural person a pledge of content: " The conscious importance of the word and responsibility before the law ensures that the statement of the state of the family, property, income and livelihood made by me is true and reliable ". Before receiving a pledge, a party seeking the establishment of a lawyer with the content of an Article shall be instructed to instruct him. § 4.

§ 3. A request for the establishment of a lawyer made by a party represented by a lawyer or legal counsel without the inclusion of the statement referred to in § 1, the President shall reimburse without calling for any deficiency.

§ 4. In the event of an oral application to the Protocol, the statement referred to in paragraph 1 may also be submitted to the Protocol.

§ 5. The provisions of paragraphs 1 to 4 shall not apply if the application is submitted by the party referred to in Article 1. 117 § 1.

§ 6. The Minister for Justice shall determine by way of regulation a model statement on the family status, assets, income and livelihores referred to in paragraph 1, and the way in which the natural persons of the model are made available to the model, having regard to the provisions of the Regulation. enabling the party to make a single statement in the event of application for the establishment of a lawyer together with a request for exemption from the court costs and the communication of the necessary instructions for the parties as to the way of filling, the effects failure to make and make an untrue statement.

Article 117 2 . [ Re-application for the establishment of a lawyer] § 1. In the event of a dismissal of an application for the establishment of a lawyer, the party may not again request the establishment of a lawyer, citing the same circumstances as the grounds for the rejected application.

§ 2. A reapplication for the establishment of a lawyer, based on the same circumstances, shall be rejected. The decision to reject the application shall not be entitled to a complaint.

Article 117 3 . [ Designation of a lawyer or lawyer] § 1. For the designation of a lawyer or legal counsel, the court shall request the competent district counsel of the Board of Legal Councillors or the Board of Councillors.

§ 2. The competent district counsel of the Bar Board or the District Council of the Chamber of Legal Counselors shall appoint an attorney or legal counsel without delay, but not later than within two weeks, by notifying the court. In the notification, the competent district counsel of the Bar Board or the District Council of the Chamber of Legal Counsel shall indicate the name of the designated lawyer and of the legal adviser and of his address for service.

§ 3. If the party in the application has indicated the lawyer's lawyer, the competent district counsel or the district council of the Chamber of Legal Counsels, where possible and in agreement with the indicated lawyer or legal adviser, shall appoint a lawyer or a legal adviser. page.

Article 118. [ Plenipotentiary] § 1. The establishment of a lawyer by the court shall be equivalent to the granting of a procedural power of attorney.

§ 2. The lawyer or legal adviser established by the court shall be obliged to replace the party for the final termination of the proceedings, unless it is clear from the court's order that the obligation to replace the site has ceased to be established.

§ 3. For important reasons, a lawyer may apply for an exemption from the obligation to replace a party in a process. The Tribunal shall, by releasing a lawyer or a lawyer, at the same time request the competent district counsel of the Board or the Board of the Councillor for the designation of another lawyer. Article Recipe 117 3 § 2 shall apply mutatis mutandis.

§ 4. If the lawyer established by the court is to take action outside the seat of the adjudicating court, the court, on a reasoned request of the established lawyer, shall, if necessary, be returned to the competent district counsel of the advocate or council. the District Chamber of Legal Councillors for the designation of a lawyer or legal counsel from another village. Article Recipe 117 3 § 2 shall apply mutatis mutandis.

§ 5. If a lawyer established in connection with a cassation proceedings or proceedings for a declaration of non-compliance with a right of final judgment does not state the grounds for bringing an action, it shall immediately notify the in writing to this party and the court, not later than two weeks from the date of the notification of the designation. The lawyer's notice shall be accompanied by an opinion drawn up by him of the absence of any grounds for bringing an action. The opinion shall not be attached to the file of the case and shall not be served on the opposite party.

§ 6. If the opinion referred to in paragraph 5 has not been drawn up in accordance with the principle of due diligence, the court shall inform the competent authority of the professional body to which the lawyer or legal adviser belongs. In such a case, the competent district counsel or council of the Board of Legal Counselors shall appoint another lawyer. Article Recipe 117 3 § 2 shall apply mutatis mutandis.

Article 119. [ Death of a party] The appointment of a lawyer shall be extinguished with the death of the party who obtained it. However, on the basis of that establishment, the party's legal counsel shall take urgent steps.

Article 119 1 . [ Doubts as to the real estate status of the party] The Tribunal may order an appropriate investigation if, on the basis of the circumstances of the case or of the statements of the opposite party, there has been doubts as to the real estate of the party claiming to be established or replaced by an established lawyer, or legal adviser.

Article 120. [ Withdrawal of power of attorney] § 1. The court shall revoke the establishment of a lawyer if it appears that the circumstances on which the basis was granted did not exist or ceased to exist.

§ 2. In the cases referred to in § 1, the party shall be obliged to pay the remuneration of the lawyer for the lawyer established by the party.

§ 3. In addition, where the circumstances on the basis of which the establishment of a lawyer has been granted no longer exist, the court may charge the party only partially, as the case may be, in accordance with the change in its relations.

§ 4. A party which has obtained the establishment of a lawyer on the basis of an application knowingly of untrue circumstances, shall be sentenced to a fine, irrespective of its obligation to pay the remuneration of an attorney or legal counsel.

Article 121. (repealed)

Article 122. [ Remuneration of a lawyer] § 1. The lawyer established in accordance with the provisions of this chapter shall have the right, except for the part of the party, to download the sum due to him by way of remuneration and reimbursement of expenses for the costs of the adversary on behalf of the party. No deductions shall be made by the Adversary, except for the costs incurred by him on the part of the beneficiary of legal assistance from the Office.

§ 2. On costs which fall from the opponent of the party using legal assistance from the office, the lawyer's claims or legal advisers established in accordance with the preceding provisions shall have precedence over the claims of third parties.

Article 123. [ The procedure for the adoption of provisions on the establishment of a lawyer] § 1. The provisions referred to in this section of this court may be issued by an implicit meeting. The provisions shall be served only on the party which has applied for the establishment of a lawyer for her or her lawyer.

§ 2. The purpose of establishing or refusing to establish a lawyer or legal counsel may also issue a court referendary.

Article 124. [ The impact of the application for the establishment of an advocate or legal counsel for the course of the proceedings] § 1. An application for the establishment of a lawyer, as well as the appeal of an appeal against a refusal to establish a lawyer, shall not suspend the course of the proceedings, unless it is a matter of establishing a lawyer for the claimant's reasons for the the effect of the application notified in the lawsuit or before the action is brought. The Tribunal may, however, withhold the examination of the case until the final decision has been reached and, therefore, not to determine the hearing and to cancel or to postpone the designated trial.

§ 2. In the event of the appointment of a lawyer at the request filed before the expiry of the time limit for the lodging of a complaint for which the drawing up of the law requires legal representation by a lawyer, the court shall serve the lawyer established or A copy of the order from the office of appeal and the time limit for bringing a complaint to the order shall run from the date of its service to the agent. If the party has properly requested the service of the reasoned order, a copy of the order shall be served by the representative with the reasons for the statement.

§ 3. In the event of the appointment of a lawyer at the request filed before the expiry of the time limit for bringing an action of cassation by the party which has properly requested the service of the decision, the court shall serve the lawyer appointed by the court or tribunal of the person concerned. a final statement of reasons on the grounds of its own motion and the time limit for lodging a cassation appeal shall run from the date of service of the representative of the decision on the grounds.

§ 4. In the event of a dismissal of an application for the establishment of a lawyer, declared in the cases referred to in § 2 or § 3, the time limit for bringing an appeal shall run from the date of service of the party's order, and if the order has been issued in an open session, from the day of its announcement. If, however, the party has lodged a complaint within the prescribed period, the time limit for the lodging of the appeal shall run from the date on which the decision is served on the part of the order dismissed, and if the order of the court of second instance was adopted at the meeting. explicit-from the day of its announcement.

§ 5. A reapplication for the establishment of a lawyer, based on the same circumstances, shall not affect the time limit for bringing an action under appeal.

TITLE VI

Procedure

SECTION I

General provisions on procedural steps

Chapter 1

Pleadings

Article 125. [ Scripture] § 1. The pleadings shall cover the applications and declarations made by the parties outside the hearing.

§ 2. If the special provision so provides, the pleadings shall be made on official forms.

§ 2 1 If a special provision so provides or has been chosen to make written pleadings through the teleinformatic system, the pleadings in this case shall only be made through the ICT system. Letters not lodged by means of a teleinformatic system shall not have the effect of legal effects which the law shall entail in the submission of a letter to the court, of which the appellant shall instruct the appellant.

§ 2 2 In the absence of a letter from the teleinformation system, the President shall inform the requesting letter of the ineffectiveness of the action.

§ 2 3 If, for technical reasons on the part of the court, it is not possible to file a letter via the IT system within the required time limit, the provisions of Article 4 shall apply. 168-172.

§ 2 4 . The statement of choice or withdrawal from the selection of pleadings of pleadings via the ICT system shall be made through this system. This statement shall be binding only in respect of the person who submitted it.

§ 3. The Minister of Justice shall determine by way of regulation the models and means of making available to the parties the official forms referred to in paragraph 2 corresponding to the requirements laid down for pleadings, the specific requirements of the procedure in which they are to be be used, and containing the necessary instructions for the parties as to how they are to be completed, to contribute and to the effects of the non-application of the letter to those requirements, taking into account that the official forms should be made available at the premises of the courts and free of charge in the Internet in a form that allows convenient editing of the contents of the form.

§ 3 1 The Minister of Justice, in agreement with the Minister responsible for computerisation, shall determine, by regulation, the way in which pleadings are to be lodged through a computerised system with a view to the effectiveness of the application of letters, the specific requirements of the procedures supported by that system and the protection of the rights of the complainants.

§ 4. (repealed)

Article 126. [ Content of letter] § 1. Each pleading shall contain:

1) the designation of the court to which it is addressed, the name of the court and the name of the parties, their legal representatives and agents;

2. designation of the type of letter;

3) the settlement of the application or statement and the evidence in support of the circumstances cited;

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

5) salivation of the annexes.

§ 2. When the pleading is the first letter in the case, it shall, moreover, indicate the subjectmatter of the dispute and:

1) the designation of the place of residence or the seat and addresses of the parties, their legal representatives and proxies,

2) the number of the General Electronic System of Civil Records (PESEL) or the tax identification number (NIP) of the claimant being a natural person, if he is obliged to have it or has it not having such an obligation or

3) number in the National Court Register, and in the absence thereof-number in another relevant register, records or NIP reasons not being a natural person, who is not obliged to enter in the proper register or records, if he is obliged to do so possession.

§ 2 1 . Further pleadings, apart from the elements specified in § 1, should contain the signature of the file.

§ 3. The letter shall be accompanied by a power of attorney or a certified copy of the power of attorney, provided that the letter of power of attorney who has not previously submitted a power of attorney has been lodged. If the representative has made a choice of filing via the computerised system, a certified copy of the power of attorney shall be lodged through that system.

§ 3 1 Article 3 (3) does not apply to letters of action in electronic up-ominative proceedings.

§ 4. For a party that cannot sign, it shall sign the letter of the person authorized by it, with the reason why the party did not sign itself.

§ 5. The letter of proceedings brought through the telecommunicating system shall be accompanied by a qualified electronic signature or a signature of a confirmed ePUAP-trusted profile.

§ 6. The Minister of Justice, in agreement with the Minister responsible for informatisation, shall determine, by means of a regulation, the mode of establishment and the provision of an account in the IT system by which pleadings may be lodged, taking into account the efficiency of the proceedings, the protection of the rights of the parties to the proceedings and the possibility to submit multiple letters

Article 126 1 . [ Value of subject matter of dispute] § 1. In each letter, the value of the subjectmatter of the dispute or the value of the subjectmatter of the appeal must be reported, if the property of the court is dependent on that value, the amount of the fee or the admissibility of the remedy, and the case is not (a)

§ 2. The Scriptures concerning the part of the subject-matter of the dispute or the appeal are subject to payment only in relation to the value of that part

§ 3. The value of the subject matter of the dispute or challenge shall be given in the golden, rounding up to the full zloty.

Article 126 2 . [ Payment of the fee] § 1. The court will not take any action as a result of the letter from which the due fee has not been paid.

§ 2. No charge shall be requested from the letter, if it is already apparent from its contents, that it is subject to rejection.

Article 127. [ PREPARATORY STUDIES] In the written pleadings for the preparation of the hearing (preparatory pleadings) the state of affairs must be given a concise state of affairs, to speak about the claims of the opposing party and the evidence relied upon by the parties, and finally to indicate the evidence to be taken presented at the hearing, or attach them. In preparatory pleadings, the parties may indicate the legal basis of their requests or requests.

Article 128. [ Attachments] § 1. The pleadings must be accompanied by the copies and copies of the annexes to be served on them, and, moreover, where no annexes have been made in the original form, after one of the provisions of each annex to the judicial files.

§ 2. The letter of the pleadings provided by the teleinformatics system shall be accompanied by electronically supplied copies of the annexes.

Article 129. [ Original document] § 1. The party relying in writing on the document shall be obliged to submit the original of the document before the hearing at the request of the adversary.

§ 2. Instead of the original of the document, a party may file a copy of the document if its conformity with the original has been certified by a notary or by the acting attorney of a party who is a lawyer, legal counsel, patent spokesperson Or a councillor of the General Prosecutor's Office.

§ 2 1 Electronic certification of the copy of the document by the applicant party who is a lawyer, legal adviser, patent attorney or counsel of the General Prosecutor of the State Treasury shall take place upon the introduction of the the Plenipotentiary of the document to the ICT system

§ 3. The attestation of conformity with the original by the applicant party who is a lawyer, legal counsel, patent attorney or solicitor of the Procuratoria General of the State Treasury is of the nature of the document contained in the document official.

§ 4. If it is justified by the circumstances of the case, the court shall, at the request of the party or of its own motion, require the party to make a copy of the document referred to in paragraph 2 to submit the original of the document.

§ 5. The Minister of Justice will determine, by regulation, the formats in which copies of letters, documents and proxies can be certified electronically, having regard to the minimum requirements for public registers and the exchange of information in the form of online.

Article 130. [ Formal Missing] § 1. If the pleadings cannot receive the correct course as a result of the failure to comply with the formal conditions or if the letter has not been paid, the President shall invite the party, subject to the request of the letter, to amend, supplement or pay the pleadings. This will be a weekly time. The misindication of a pleading or other obvious inaccuracies shall not prevent the writing of the writing and reconnability in the appropriate manner.

§ 1 1 . If the letter has been requested by a person resident or established abroad who does not have a representative in the country, the President shall set a time limit for correcting or supplementing the letter or paying a fee of not less than one month.

§ 2. After the expiry of the deadline, the chairman shall return the letter to the party. The letter returned does not have any effect on the law of the pleading of pleadings to the court.

§ 3. The letter amended or supplemented by the deadline shall have effect from the time when it was lodged.

§ 4. The order of the President to return the action shall be served only by the plaintile.

§ 5. Pleadings made in breach of Article 87 1 are refundable without calling for remedying the deficiencies, unless the Act provides otherwise.

§ 6. Where a specific provision provides that a letter can only be made via a computerised system, the letter shall be lodged with the fee. The letter lodged without charge shall not have any effect on the law of the law of the court, which shall be filed by the appellant. In the event of a simultaneous transfer via a computerised system, more than one letter subject to the payment of any of these letters shall not have the effect of the law on which the letter is brought before the court if no payment of the amount is paid. the sum of the fees payable by all letters.

§ 7. Where a letter of payment is lodged in breach of paragraph 6, the President shall inform the appellant of the ineffectiveness of the action.

§ 8. The provisions of paragraphs 6 and 7 shall not apply where the appellant is exempt from judicial costs in respect of the court fee due to that letter and, in the event of an exemption from such costs, granted by the court or in the event of application of the application for a such an exemption.

Article 130 1 . [ Statement of return management] § 1. (lost power)

§ 1 1 . If a pleading which should be filed on an official form has not been lodged on such a form or cannot receive proper gear as a result of the failure to comply with other formal conditions, the President shall call on the party to his to improve or supplement within a week, by sending a complex letter. The call should indicate all the shortcomings of the letter and shall include an instruction on the content of § 2.

§ 2. In the event of an unsuccessfully expiry or resubmission of the letter affected by the deficiencies, the President shall manage the return of the letter. Opposition to the judgment, charges against a payment order and opposition from the order for payment of the court shall reject the court.

§ 3. (repealed)

§ 4. (repealed)

Article 130 2 . [ Reimbursement of letter lodged by proxy] § 1. A letter lodged by a lawyer, legal adviser or a patent ombudsman which has not been duly paid, the President shall, without notice of payment, return the fee if the letter is subject to a fixed or relative charge calculated from the indicated by the party value of the subjectmatter

§ 2. Within a weekly period from the date of service of the order for the return of the letter on the grounds referred to in § 1, the party may pay the missing fee. If the fee has been paid in the appropriate amount, the letter shall have effect from the original date of the transfer. This does not result in a subsequent return of the letter for the same reason.

§ 3. (repealed)

§ 4. (repealed)

§ 5. The provisions of paragraph 1 shall not apply where the obligation to pay a relative fee has been incurred as a result of the verification by the court designated by the party of the value of the subject-matter of the dispute or

Article 130 3 . [ Relevant application of the provisions] § 1. The provisions of Article 4 126 1 , art. 126 2 , art. 130 § 1 and § 1 1 , art. 130 2 apply mutatis mutandis where, prior to sending the copy of the letter to other parties, and in the absence of such parties, before the notification of the date of the meeting was sent, the obligation to pay or supplement the fee was incurred as a result of the determination by the higher court of the the subjectmatter of the dispute, the withdrawal of the exemption from judicial costs or the repeal of the

§ 2. If the obligation to pay or supplement the fee arose as a result of the extension or other change of the request, for other reasons than those mentioned in § 1, or after sending the copy of the letter to other parties, and in the absence of such parties-after the notification of the the date of the meeting, the President shall invite the person liable to pay the fee due within the period of the week and if he or she lives or is established abroad and does not have a representative in the country within a period of not less than one month. In the event of an unsuccessful expiry of the time limit, the court shall run the case without holding the proceedings, and the obligation to pay the fee shall be ordered in the decision terminating the case in the instance, applying the rules in force when reimbursing the costs of the process.

Article 130 4 . [ Advance of the advance] § 1. The party which requests the action to be taken in connection with the expenditure shall be obliged to pay an advance on their cover in the amount and time limit determined by the court. Where more than one party is requested to take action, the court shall require any party which has the effect of having legal effects to pay an advance payment in equal parts or in any other relationship at its discretion.

(2) The President shall invite the party concerned to make an advance payment so that, within a period of not more than two weeks, it shall pay the amount determined. If the party is resident or established abroad, the time limit set shall not be less than one month.

§ 3. If it appears that the expenditure anticipated or actual expenditure is greater than the advance paid, the President shall, in accordance with the procedure laid down in paragraph 2, call for it to be completed.

§ 4. The court shall take the action linked to the expenditure if the advance payment is paid in the amount determined.

§ 5. In the event of non-payment of the advance, the court shall skip the action linked to the expenditure.

Article 130 5 . [ Authorisation of the referendary for the exercise of the President's duties] In the cases referred to in art. 125 and Art. 130-130 4 The presiding judge may act as a court referendary.

Chapter 2

Service

Article 131. [ Ways Of Delivery] § 1. The court shall deliver service by the postal operator within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. of 2016 r. items 1113 and 1250), persons employed in court, bailitism or judicial service.

§ 2. The Minister of Justice, in agreement with the Minister responsible for communication, shall determine, by means of a regulation, the detailed modality and manner of service of the judicial documents by the bodies referred to in paragraph 1, having regard to the need to ensure that the smooth progress of the proceedings, as well as the execution of the procedural guarantees of its participants, the protection of the rights of persons to whom the letters are served, and the protection of their personal data.

§ 3. The Minister of Justice shall, on a reasoned request from the President of the Court of Justice, by order of order, create and abolition in that court a judicial service of service.

§ 4. The Minister for Justice shall determine, by regulation, the conditions of the organisation and the judicial structure of the service of service, with a view to the size of the court, the costs and the effectiveness of service and the conduct of the judicial proceedings.

Article 131 1 . [ Electronic Delivery] § 1. The court shall deliver the service by means of a computerised system (electronic delivery) if the addressee has lodged a letter via the computerised system or has made a selection of letters through the electronic computer system.

§ 2. In the case of electronic service, the letter shall be deemed to have been delivered at the time indicated in the electronic acknowledgement of receipt of the correspondence. Article Article 134 § 1 does not apply. In the absence of such confirmation, electronic delivery shall be deemed to be effective after 14 days from the date of placing the letter in the IT system.

§ 2 1 The recipient, who has made the choice of contributing letters through the telecommunication system, may cancel the electronic delivery.

§ 3. The Minister of Justice, in agreement with the Minister responsible for computerisation, shall determine, by regulation, the procedure and the manner in which electronic service is to be effected, with a view to ensuring the effectiveness of service and the protection of the rights of persons, to which the letters are served.

Article 132. [ Mutual Service] § 1. In the course of the case, the lawyer, the patent attorney and the Councillor of the Prosecutor General of the Treasury, served each other directly with copies of the pleadings with the annexes. The text of the pleading in proceedings brought before the court shall include a statement of the service of the written copy of the other party or of the transmission of the letter to the other party. Letters which do not contain the above statement shall be refunded without calling for the removal of that statement.

§ 1 1 Article 1 (1) does not apply to the lodging of a cross-action, appeal, cassation complaint, complaint, opposition to a judgment, opposition to a payment order, charges against a payment order, an application for a security of action, a complaint to reopen proceedings, complaints about the finding of non-compliance with the law of final judgment and the complaint against the court referendary's rulings, which must be filed in court with the write-off of the opposing party.

§ 1 2 Article 1 does not apply to letters brought by a teleinformatic system, which are to be served by a lawyer, lawyer, patent attorney or Councillor of the Prosecutor General of the Treasury, who have made a choice of written pleadings for the purpose of via the ICT system.

§ 2. The address of the addressee may also be given by giving him a letter directly at the court's secretariat.

Article 133. [ Addressee] § 1. If the party is a natural person, the service shall be effected in person and, where there is no procedural capacity, to the legal representative of the party.

§ 2. The procedural documents or rulings for a legal person, as well as for an organisation which does not have legal personality, shall be served on the authority entitled to represent them before the court or to the hands of the employee authorized to receive the letters.

§ 2a. Pleadings for business and business partners entered in a court register or a Central Register and Information on Business Activity (CEIDG) shall be served on the address provided in the register or CEIDG, unless the party indicated a different address for service. If the last address provided has been deleted as incompatible with the actual state of affairs and no request has been made for the entry of a new address to be made available, the address shall be deemed to be the address provided in the register or CEIDG.

§ 2b. (repealed)

§ 3. If the plenipotentiary or person authorised to receive the pleadings has been established, service shall be effected to those persons. However, the State Treasury shall always be served in the manner laid down in § 2.

Article 134. [ Delivery in exceptional cases] § 1. In the days of public holidays, as well as at night service, you can only serve in exceptional cases with the prior order of the President of the court.

§ 2. For the night time shall be considered the time from the twenty-first hour to the seventh hour.

Article 135. [ Place of service] § 1. Service shall be effected in the apartment, at the place of work or where the addressee is in the position of the incumbation.

§ 2. At the request of the party, service may be made to the address of the post box indicated by it. In this case, a court letter sent by the postal operator within the meaning of the Act of 23 November 2012. -The postal law shall be lodged at the postal service of that operator by a notice in the postal box of the addressee.

Article 136. [ Change of residence] § 1. The parties and their representatives shall be obliged to inform the court of any change in their residence.

§ 2. In the event of failure to do so, a judicial letter shall be left in the file with effect of service, unless the new address is known to the court. The court should instruct the party on the first delivery of the obligation and the consequences of its failure to comply.

§ 3. The provision of Article 2 shall not apply to the service of an application for the resumption of proceedings or of an action for the declaration of illegality of a decision.

§ 4. The party who has notified the request for service to the address of the marked post office shall be obliged to inform the court of any change of that address. The provisions of paragraphs 2 and 3 shall apply mutatis mutandis.

Article 137. [ Soldiers, functionaries, prisoners] § 1. The service of the military service to the soldiers, the officers of the Police and the Prison Service shall be effected by their authorities directly postponed.

§ 2. The management of persons deprived of liberty shall be made by the board of directors of the appropriate establishment.

Article 138. [ Replacement] § 1. If the service does not satisfy the addressee in the apartment, it may serve the court letter to the adult house, and if it were not, the administration of the house, the caretaker of the house or of the servant, if those persons are not the adversaries of the addressee in the case and have taken place. his writings.

§ 2. For an addressee whose service does not fall asleep at the workplace, a letter may be served on the person authorised to receive the letters.

Article 139. [ Impossibility of service] § 1. In case of inability to service in the manner provided for in the preceding articles, the letter sent by the postal operator within the meaning of the Act of 23 November 2012. -the postal law must be lodged at the post office of that operator and served in any other way, at the office of the competent municipality, by notifying the addressee in the door of the apartment or in a postbox office with an indication of where and when the letter has been left, and with the instruction that it is to be received within seven days of the date of the notification. In the event of an unsuccessfully expiry of that period, the action of the notification shall be repeated.

§ 1 1 . A letter placed in a post office within the meaning of the Act of 23 November 2012. -Postal law may also be revoked by a person authorised by a post office to receive postal items, within the meaning of that law.

§ 2. If the addressee refuses to accept the letter, service shall be deemed to have been effected. In such a case, the service shall return the letter to the court with an endorsement of the refusal of its acceptance.

§ 3. Letters for legal persons, organisations, natural persons to be entered in the register or records on the basis of separate provisions, in so far as they cannot be served in the manner provided for in the articles prior to the failure to disclose in the the register or the records of the change of address and, in the case of natural persons of residence and address, shall be left in the file with effect of service, unless the new place of residence and the address are known to the court.

§ 4. The registration court shall, in the notice or service of the first entry, instruct the applicant of the consequences of negligence in the register of changes referred to in paragraph 3.

§ 5. At the request of the party, the court or referendary of the court of justice shall be issued by an implicit court in which it states that the judgment or order of payment has been deemed to have been served on the address indicated in the procedure referred to in paragraph 1.

Article 140. [ Footnotes] § 1. Letters and rulings shall be served in the writings.

§ 2. Instead of writing a letter or a ruling, a document obtained from a teleinformatic system may be served, as long as it has the characteristics enabling verification of the existence and content of the letter or the decision on that system.

§ 3. In the case of electronic service, letters and rulings shall take the form of documents containing data from the computerised system.

Article 141. [ Address Multiplicity] § 1. One copy of the letter and the annexes shall be served on the procedural representative of several persons.

§ 2. A copy of the proceedings for the receipt of judicial documents by several co-authors shall be served on a single copy for each of the co-authors.

§ 3. If there are several plenipotentiaries of one party, the court shall serve the letter only to one of them.

Article 142. [ Receipt of letter of receipt] § 1. Service of the letter shall be confirmed in writing by the consignee or by means of the teleinformatic system of the postal operator referred to in Article 131 § 1, or a document obtained from the teleinformatic system.

§ 2. In the case of confirmation of the written account, the consignee shall acknowledge receipt and his/her date of his own signature. If this does not or does not wish to do so, the service shall mean the date of service and the reasons for the absence of signature.

§ 3. The service shall state on the acknowledgement of receipt of the method of service, and shall indicate the day of service in the written form and shall provide that statement with the signature of the service.

Article 143. [ Service of the letter to the curator] If the party whose whereabouts are not known is to be served with a lawsuit or other pleadage calling for the need to defend its rights, service may at the time of notification of the party or of its representative or representative only. to the hands of the curator established at the request of the person concerned by the adjudicating court.

Article 144. [ Appointment of a Curator] § 1. The President shall establish a curator if the applicant prima facie evidence that the site is not known. In matters of maintenance claim, as well as in matters of determining the origin of the child and of the related claims, the President before the establishment of the curator will carry out an appropriate investigation to determine the place of residence or stay the defendant.

§ 2. To establish a curator, the President will publicly announce in the court building and the establishment of the mayor (mayor, mayor of the city), in matters of greater importance, when he deems it necessary, also in the press.

§ 3. When the letter is delivered to the curator, service shall take effect. The Tribunal may, however, make the effect of service on the expiry of the period marked from the date on which the notice in the judicial building has been exported.

§ 4. The acts referred to in § 1-3 may also be carried out by a court referendary.

Article 145. [ Exhaust letter] In cases where the appointment of a probation officer is not required, the letter shall be served on the party whose whereabouts are not known, by the transport of the court in the court building. Such service shall take effect on the expiry of the month from the date of the export.

Article 146. [ Organizations which do not have an authority] The provisions on the service of the party whose whereabouts are unknown and the establishment of the curator shall also apply to organisations which have no bodies or whose organs are unknown from the place of stay.

Article 147. [ Service of the letter in the right way] Where it is found that a request to establish a probation officer or a statement of the letter has not been justified, the court shall order the service of the letter in a proper manner and, where necessary, bring the proceedings carried out with the participation of the probation officer or, if necessary, to the party concerned, or after having posted the letter in the court building.

Chapter 3

Court meetings

Article 148. [ Avarity of the hearing] § 1. Unless otherwise provided for in the special provision, judicial meetings shall be public and the court adjudicating the case shall be heard at the hearing.

The Tribunal may refer the matter to the public hearing and shall also appoint a hearing if the case is subject to recognition at a meeting of the public.

Article 148 1 . [ Hearing of the case in an implicit meeting] § 1. The Tribunal may recognize the case in an implicit meeting where the defendant has recognised the action or when, after the parties have filed pleadings and documents, including, after the pleadings have been filed, or opposition from the order for payment or opposition from the judgment of the court, the court of justice It considers that, in view of the overall allegations made and the evidence submitted, it is not necessary to carry out the hearing.

§ 2. In the cases referred to in § 1, the court shall issue the provisions of evidence at a meeting of classified information.

§ 3. The recognition of a case in an implicit meeting shall be inadmissible if the party in the first procedural document has submitted a request for a hearing, unless the defendant has acknowledged the action.

Article 149. [ Appointment of meetings, notices] § 1. Judicial meetings shall be appointed by the chairperson of the office, whenever the state of the case requires it.

§ 2. Open meetings shall be notified to the parties and persons concerned by the call or notice during the meeting. The party which is not present in the open session should always be served on the call for the next sitting. The call should be served at least one week before the meeting. In urgent cases, this time limit may be reduced to three days.

Article 149 1 . [ Call for omission] The Tribunal may invite the parties, witnesses, experts or other persons in a manner which it considers to be most intentional, without having regard to the means of service provided for in Chapter 2, if it considers it necessary to speed up the examination of the case. The call made in this way shall have the effect of the consequences provided for in this Code, if it is doubtful that the addressee has made a message within the time limits laid down in Article 4. 149 § 2.

Article 150. [ Notice Content] The call for a meeting shall mean:

1. the name and place of residence of the requested person;

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

3) the parties and the subject matter;

4) the purpose of the meeting;

5) the effects of non-instability.

Article 151. [ Place of meetings] § 1. Court meetings are held in a judicial building and outside this building only if the judicial activities have to be carried out elsewhere or when the meeting outside the court building facilitates the carrying out of the case or contributes significantly to the to save costs.

§ 2. The President may order a public hearing to be held by means of the technical devices enabling it to be carried out at a distance. In such a case, the participants of the proceedings may take part in a court session when they are staying in the building of another court, and carry out procedural steps there, and the course of procedural steps is transmitted from the courtroom of the court conducting the proceedings to the place of stay of the participants in the proceedings and from the whereabouts of the participants to the proceedings to the court room

Article 152. [ Introduction to the courtroy] For public meetings, the court shall have access to the courtroy, in addition to the parties and persons who have been called upon, only to persons who are not subject to the age of 18. Only persons who are called upon to hold an implicit meeting shall be allowed.

Article 153. [ Meeting on closed doors] § 1. The court of its office shall administer the entire meeting or its parts at the closed doors if the public recognition of the case threatens the public order or morality or if the circumstances covered by the protection of classified information may be disclosed.

§ 1 1 The Tribunal shall, at the request of the party, manage the meeting or parts thereof at the closed doors when circumstances which constitute the secret of its undertaking may be disclosed.

The Tribunal may, in addition, order the meeting or parts of a meeting to be held at the request of a party, if the reasons given by it may be justified, or if the details of family life are to be found. The proceedings relating to this application shall be carried out at the closed doors. The order in this subject shall be made public.

Article 154. [ Attendance in the Hall] § 1. During the closed-door meeting, the following may be present in the Chamber: the parties, the side interveners, their legal representatives and the agents, the public prosecutor and the persons of confidence in two of each party.

§ 2. The announcement of the decision terminating the proceedings in the case shall be made public.

Article 155. [ Chairman's powers] § 1. The President shall open, conduct and close the meetings, give the floor, ask questions, give questions and give a statement of decisions.

§ 2. The President may receive the floor when the speaker is abused, and the question should be abrogated if he/she deems it improper or superfluous.

Article 156. [ Deferral of the sitting] The court may, even at the request of the parties, postpone the meeting only for an important reason.

Article 157. [ Protocol, official memo] § 1. The protocol shall be drawn up in the course of a public meeting. The minutes shall be drawn up by means of a sound recording device or an image and sound recording and in writing, under the responsibility of the President, in accordance with art. 158 § 1.

§ 1 1 . If, for technical reasons, the recording of a meeting by means of a sound recording device or an image and sound is not possible, the minutes shall be drawn up only in writing, under the responsibility of the President, in accordance with art. § 2.

§ 2. When issuing court sentences, it is sufficient to indicate in the file that the defendant did not appear for the sitting, did not request the hearing in his absence and did not make any explanations, and the mention of the announcement of the sentence.

§ 3. An official note shall be drawn up from the classified meeting if no decision has been given.

Article 158. [ Protocol Content] § 1. The protocol drawn up in writing shall include the designation of the court, the place and date of the meeting, the names of the judges, the proto, the prosecutor, the parties, the interveners, as well as those present at the meeting of the statutory representatives and agents and the designation of the case and references to disclosure. In addition, the minutes drawn up in writing contain a statement of orders and rulings issued at the meeting and a statement of whether they have been announced, a summary of the results of the inquiry, as well as the actions of the parties affecting the court's decision (settlement, renunciation of claim, recognition of action, revocation, modification, extension or limitation of the claim of a claim) and other activities of the parties which, according to the specific provisions of the Act, should be drawn, entered, accepted, submitted, reported or transferred to the protocol. If a separate operative part of the decision is not required, it shall suffice to include in the minutes the content of the decision itself. Actions that require the signature of a party may be included in a separate document forming part of the protocol.

§ 1 1 The Protocol referred to in paragraph 1 may contain the conclusions and claims of the parties and other circumstances relevant to the course of the meeting; instead of the requests and claims, the minutes may be set out in the preparatory letters.

§ 2. If the course of a meeting does not persist by means of a sound recording device or an image and sound, the minutes drawn up in writing shall contain, in addition to the data and circumstances referred to in § 1, the conclusions and claims of the parties, granted to the lecture, and Whereas the results of the evidence and other circumstances relevant to the course of the meeting are also the result of the results of the proceedings; instead of the requests and claims, the protocol may be referred to the preparatory

§ 3. A protocol drawn up by means of a sound recording device or an image and sound of a protokolant shall sign an electronic signature guaranteeing the identification of the person of the protokolant and the recognition of any subsequent change of protocol. The minutes drawn up in writing shall be signed by the President and the Protokolant.

§ 4. If this is necessary to ensure the correct judgment in the case, the President may order the drafting of a transcript of the relevant part of the protocol drawn up by means of a sound recording device, or an image and sound.

§ 5. The Minister for Justice will determine, by means of a regulation, the types of equipment and technical means for the recording of sound or image and sound, the manner in which sound or image and sound recordings are made and the way in which they are identified. drawing up, as well as a means of making available, and keeping such records available,

1) the need for proper protection of the recording of sound or image and sound before their loss, distortion, unauthorised access, removal or other unauthorised change, and the recognition of the making of the authorized change or removal and the identification of the person carrying out these activities;

2) minimum requirements for the information and communication systems used for the implementation of public tasks, specified in separate regulations;

3) the need to change the format of the recording of sound or image and sound or transfer to another IT data medium for re-reproduction of the recording;

4) the need to provide an opportunity to get acquainated with the recording of sound or image and sound and to obtain from the record of the case of sound recording or image and sound.

Article 159. (repealed)

Article 160. [ Straightening and Replenishing] § 1. The parties may request the correction or completion of the protocol, but not later at the next meeting, and, if it goes for a protocol of the hearing, after which the sentence has been closed-as long as the case file is in court. The President of the Party may appeal to the Tribunal within a period of a week from service of the order of order.

§ 2. The recording of sound or image and sound shall not be corrected.

Article 161. [ Conclusions of the meeting] In the course of the meeting, the conclusions, statements, additions and corrigations of applications and statements may be included in the Annex to the Protocol. If the party replaces a lawyer, a legal adviser, a patent attorney or a General Prosecutor of the Treasury, the President may request that such an annex be lodged within the prescribed time limit.

Article 162. [ Reservations] The parties may, in the course of the meeting and, if they are not present, draw the attention of the court at the next meeting to the failure to comply with the provisions of the procedure by requesting a flag to be entered in the minutes. A party which has not objected shall not have the right to rely on such misconduct in the subsequent course of the proceedings, unless it is a matter of law which the court of first instance should take under consideration from its own motion, or that the party concerned has failed to comply with the provisions of the proceedings. It is probable that he did not raise any objections without his fault.

Article 162 1 . [ Consent to the fixation of the course of the meeting by means of a sound recording device] At the request of the party, the court agrees that it will perpetuate the course of the meeting by means of a sound recording device, if it does not preclude the correctness of the proceedings.

Article 163. [ Grzywna, Forced bringing in, arrest] § 1. If the Code provides for a fine without specifying its amount, the fine shall be issued in the amount of up to three thousand zlotys. The fines are drawn in the way of court execution in favour of the Treasury.

§ 2. Whenever the Code allows the order of forced abduction or arrest, the provisions of the Code of Criminal Procedure shall apply accordingly.

§ 3. The court asks the commander of the military unit in which he is serving, or to the Military Gendarmerie, and for the forced bringing of a police officer in active military service, and of the forced bringing of a police officer, the Office of Government Protection, the Agency Internal Security, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau or the Border Guard to his supervisor.

§ 4. To punish a soldier in active military service, the court appears to the commander of the military unit in which he is serving, and to punish the police officer, the Government Security Bureau, the Internal Security Agency, the Intelligence Agency, the Counterintelligence Service Military, Military Intelligence Service, Central Anti-Corruption Bureau or the Border Guard-to his supervisor.

Chapter 4

Time limits

Article 164. [ Start of term] The period laid down by the court or the chairman (judicial period) shall begin with the notice on the subject of the order or order, and when the code provides for the service of the office to be served from its service.

Article 165. [ Calculation of time limits, entry of letter] § 1. The terms shall be calculated according to civil law provisions.

§ 2. Branch of the pleadings in the Polish postal facility of the operator designated within the meaning of the Act of 23 November 2012. -Postal law or postal service provider providing postal services to the general public in another Member State of the European Union is equivalent to bringing it to court.

§ 3. The same applies to the submission of a letter by a soldier at the military unit's command or by a person deprived of liberty in the administration of the criminal establishment and by a crew member of the Polish seagoing vessel in the master of the vessel.

§ 4. The introduction of a letter to the ICT system is tantamount to bringing a letter to the court.

Article 166. [ Prolongata, shortening] The President may, for an important reason, extend or shorten the court deadline on the application filed before the deadline, even without hearing the opposing party.

Chapter 5

Failure to fulfil and reinstatement

Article 167. [ Consequences of the expiry of the time limit] The process action taken by the party after the deadline is ineffective.

Article 168. [ Restoration of deadline] § 1. If the party has not carried out a trial without his or her fault, the court shall, at the request of the party, decide to restore the time limit.

§ 2. Restoration shall not be admissible if the failure to fulfil the deadline does not entail a negative for the party to the effects of the procedural.

Article 169. [ Application for restoration] § 1. The letter requesting the reinstatement of the time limit shall be lodged with the court in which the action was to be carried out, within a week of the time the reason for failure to comply with the time limit has ceased

§ 2. In this letter, the circumstances justifying the application must be prima facie.

§ 3. At the same time, the party should make a procedural step.

§ 4. After one year after the lapsed date, its reinstatement shall be admissible only in exceptional cases.

§ 5. An order for a request for reinstatement may be issued in an implicit meeting.

Article 170. [ Restoration inadmissibility] The reinstatement of a period of appeal against the judgment of the annulment of a marriage or divorce or establishing the non-existence of a marriage must be inadmissible if only one of the parties has entered into a new judgment after the final judgment has been made. marital relationship.

Article 171. [ Rejection of the proposal] Late or by virtue of the law an unacceptable request for reinstatement of the term, the court rejects.

Article 172. [ Hold of proceedings] The application for reinstatement shall not stop the proceedings in the case or the enforcement of the decision. The Tribunal may, however, in accordance with the circumstances, withhold the proceedings or execute the decision. The order may be issued at an implicit meeting. If the application is taken into account, the court may immediately proceed to the case.

Chapter 6

Suspension of proceedings

Article 173. [ Suspension of the proceedings under the law] The proceedings shall be suspended by law in the event of a force majeure by a court of law.

Article 174. [ Compulsory suspension] § 1. The court suspends the proceedings of the office

1) in the event of the death of the party or its statutory representative, the loss of any capacity of the trial, the loss of the party's capacity, or the loss by a representative of the statutory nature of such a representative;

(2) if there are deficiencies in the composition of the bodies of the holding of the party that is party to the party;

3) if the party or its statutory representative is located in a locality deprived of the result of extraordinary events of communication with the seat of the court;

4. if the proceedings concern the mass of bankruptcy, the mass of the arrangement or the mass of the sanction and the bankruptcy was declared, or the secondary insolvency proceedings were initiated or the liquidator was established in the restructuring proceedings;

(5) if a compulsory administrator has been established in proceedings for a declaration of bankruptcy or of a temporary administrator in proceedings for the opening of a sanction procedure, and the proceedings relate to assets covered by the security.

§ 2. In the cases referred to in paragraph 1 (1) and (4), the suspension shall have effect from the time of the events which caused them. By suspending the proceedings, the court of office shall repeal the decisions issued after such events have occurred, unless they have taken place after the closure of the hearing.

§ 3. In the cases referred to in paragraphs 1 (4) and (5), the court shall call on the receiver, the compulsory administrator, the interim manager or the administrator to participate in the case.

Article 175. [ Death of plenipotentiary] In the event of the death of the plenipotentiary, the proceedings may continue until the non-stationary party has been summoned. The call shall be served on the party at the place of his or her actual residence, and shall notify it simultaneously of the death of the plenipotentiary. In this case, no Article shall be applied. 136 § 2.

Article 175 1 . [ Suspension of proceedings] If the replacement of the parties by lawyers or lawyers is mandatory, in the event of death of a lawyer, removal from the list of lawyers or legal advisers, loss of opportunity to pursue the profession or loss of capacity of trial, the court of justice suspends the proceedings of the office, setting the relevant time limit for the indication of another lawyer, and after that date the proceedings are taken. Article Recipe 175 shall apply mutatis mutandis.

Article 176. [ Suspension of proceedings at the request of the heir] § 1. The Tribunal shall suspend the proceedings at the request of the heir, if the plaintiple is against it, belonging to the debts of succession, and the heir has not yet made a declaration of acceptance of the inheritance and the time limit for making such a declaration has not yet expired.

§ 2. The Tribunal shall suspend at the request of the Banking Guarantee Fund the procedure in which the entity in the restructuring referred to in Art. 2 point 44 of the Act of 10 June 2016. o Bankowy Guarantee Fund, deposit guarantee scheme and compulsory restructuring (Dz. U. Entry 996), is a party.

Article 177. [ Optional suspension] § 1. The Tribunal may stay the proceedings of the office of:

1) if the resolution of the case depends on the outcome of another ongoing civil procedure;

2) if a third party occurred against both parties with the main intervention;

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

3 1 ) where the outcome of the case depends on the outcome of proceedings pending before the Constitutional Tribunal or the Court of Justice of the European Union;

4) if an act is disclosed, the determination of which by criminal or disciplinary action could have an impact on the settlement of the civil case;

5) in the event of failure of both parties at the hearing, if the law does not provide otherwise, and in the event of a failure of the plaintiver, when the plaintiver did not request the recognition of the case in his absence, and the defendant did not submit a request for recognition of the case;

(6) if, as a result of the absence or indication of the wrong address, the plaintibe or failure to indicate the address of the defendant or of the data enabling the court to determine the numbers referred to in Article 6 (s) within the prescribed time limit, the reasons for 208 1 , or failure to do so by the plaintiers of other arrangements, cannot be given a further run.

§ 2. If criminal, disciplinary or administrative proceedings are not yet started and its initiation depends on the request of the party, the court will set a time limit for the opening of proceedings, in other cases may apply to the competent authority.

Article 178. [ Suspension on a compliant request of the parties] The court may also stay the proceedings at the request of the parties.

Article 179. [ Consequences of suspension] § 1. In the event of a suspension of proceedings in accordance with a request by the parties, or as a result of their absence or failure to give effect to the proceedings, the suspension shall suspend only the course of the judicial timelimits which shall continue to run until the proceedings are taken.

§ 2. In all other cases of suspension, no time limits shall run and shall begin to run only from the beginning at the time of the proceedings. Judicial deadlines should be re-established as necessary.

§ 3. During the suspension, the court shall not take any action with the exception of those aimed at taking the proceedings or securing the action or evidence. The actions taken by the parties, and the non-subjective objects, shall only be affected when the proceedings have been taken.

Article 180. [ Taking the procedure from the Office] § 1. The court decides to take the proceedings of the office when the cause of the suspension ceasings, in particular:

1. in the event of death of the party, at the moment of the declaration or indication of the deceased's legal successors or on the establishment of a probation curator in the appropriate path;

(2) in the event of loss of judicial capacity, as soon as the general legal successor is established;

3. in the absence of a statutory representative, as soon as it is established;

4) when the settlement of the case depends on the outcome of another proceeding-the moment of the legitimisation of the decision ending the proceedings; the court may, however, and earlier, in accordance with the circumstances, take further proceedings;

5. in the case of:

(a) the establishment of a compulsory manager in proceedings for a declaration of bankruptcy, as soon as the person acting as a compulsory manager has been established,

(b) the announcement of the bankruptcy of the party or the opening of the second insolvency proceedings, with the exception of those referred to in Article 145 (1) 1 of the Act of 28 February 2003. -bankruptcy law (Dz. U. of 2015 items 233, z późn. zm.)-when the person acting as a syndicator was established,

(c) the establishment of a temporary administrator in proceedings for the opening of a sanction procedure, as soon as the person acting as interim manager is established,

(d) the establishment of the liquidator in the restructuring proceedings, as soon as the person in office is established.

2. If, during the course of a year from the date of the suspension of the proceedings, no application is made or the successors of the deceased party's legal succession are indicated, the court may ex officio ask the court of succession to establish the probation curator, unless the curator is already was previously established.

Article 181. [ To take action upon request] § 1. The Tribunal decides to proceed at the request of any of the parties:

1) when the proceedings have been suspended at the request of the heir-after the submission of the declaration of acceptance or rejection of the inheritance or after the expiry of the period for making such a statement;

2. in the event of suspension either at the request of either party or by failure to do so, not earlier than three months after the suspension, if the parties to the request for suspension have not indicated a longer period.

§ 2. The Tribunal, at the request of the Bank Guarantee Fund, will take the proceedings referred to in art. 176 § 2.

Article 182. [ Closure of proceedings] § 1. The Tribunal shall be suspended by proceedings suspended on the basis of a consistent application of the parties or at the request of the heir, as well as for the reasons set out in the Article 177 § 1 points 5 and 6, if the application for action has not been filed within one year from the date of the suspension. In addition, the court shall prosecuture the proceedings in the absence of any legal successor to the party which has lost its judicial capacity and, in any event, after one year from the date of the order of suspension for that reason. The Tribunal shall also wash the proceedings in the event of the death of the party after the lapse of five years from the date on which the proceedings were suspended for that reason.

§ 2. The murder of proceedings suspended in the first instance does not deprive the claimer of the right to retake the action, however, the previous lawsuit does not have any effect which the law entancises with the termination of the action.

§ 3. The termination of the suspended proceedings by a higher court shall result in the right of appeal against the judgment under appeal, except for the annulment of a marriage or divorce, and the determination of the non-existence of a marriage in which the proceedings of a decision of the then in its entirety.

§ 4. The costs of the parties in the instance shall also be killed by the cancellation of the proceedings.

Article 182 1 . (repealed)

Article 183. [ Release of the order] The decision on the suspension, taking and remission of the proceedings may be held in an implicit meeting.

SECTION II

Proceedings before the courts of first instance

Chapter 1

Mediation and conciliation

Division 1

Mediation

Article 183 1 . [ Medivation] § 1. The mediation is voluntary.

§ 2. The mediation is carried out on the basis of a mediation agreement or the order of the court directing the parties to mediation. The agreement may also be concluded by the expression by the party's consent to mediation, when the other party has made the request referred to in art. 183 6 § 1.

§ 3. In the mediation agreement, the parties shall determine, in particular, the subject of mediation, the person of the mediator, or the choice of the mediator

§ 4. The mediation is conducted prior to the initiation of the procedure and, with the agreement of the parties, also in the course of the case

Article 183 2 . [ Mediator] § 1. The mediator may be a natural person with full capacity to act in full with the public rights.

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

§ 3. Non-governmental organisations in their statutory tasks and universities can list mediators and create mediation centres. The entry on the list requires the consent of the mediator to be expressed in writing. Information on the lists of mediators and media centres shall be forwarded to the president of the district court.

§ 3 1 . Whenever further provisions of this Code are referred to by the Mediator, this shall also be understood by a permanent mediator, unless otherwise provided in the provisions of this Code.

§ 4. A permanent mediator may refuse to hold a mediation only for valid reasons, which is required to notify the parties immediately, and if the parties to the mediation have directed the court-also the court.

Article 183 3 . [ Impartiality] § 1. The mediator should maintain impartiality when conducting mediation.

§ 2. The Mediator shall immediately disclose to the parties the circumstances that could raise doubts about his impartiality.

Article 183 3a . [ Methods for amicable settlement of the dispute] The mediator conducts mediation, using various methods to amicably resolve the dispute, including by supporting the parties in the formulation of the settlement proposals, or on a compliant request of the parties may indicate ways of resolving the dispute, which are not binding for the parties.

Article 183 4 . [ Mediation proceedings] § 1. The mediation procedure is not public.

§ 2. Mediator, parties and other persons involved in mediation proceedings shall be obliged to keep the secrets of the facts about which they have learned in connection with the conduct of mediation. The parties may exempt the mediator and other persons involved in the mediation proceedings from this obligation.

§ 3. It is ineffective to invoke in the course of proceedings before a court or amicable court on settlement proposals, proposals for reciprocal concessions or other statements made in mediation proceedings.

Article 183 5 . [ Remuneration of the mediator] The mediator shall have the right to remuneration and reimbursement of expenses related to the mediation, unless he/she has agreed to conduct mediation without remuneration. Remuneration and reimbursement of expenses shall be borne by the parties.

Article 183 6 . [ Mediation initiation] § 1. The initiation of mediation by the party shall take place upon the service of the mediator of the request for mediation, accompanied by evidence of the delivery of the mediation by the other party.

§ 2. Despite the service of the application referred to in § 1, the mediation shall not be initiated if:

1) the permanent mediator, within a week from the date of service of the request for the mediation, refused to mediate;

2) the parties have concluded a mediation agreement, which indicated as a mediator of a person who is not a permanent mediator, and that person, within a week from the date of service of her application for mediation, refused to mediate;

3) the parties concluded the mediation agreement without the indication of the mediator and the person to whom the party asked for the mediation, within one week from the date of service of its request for mediation, did not consent to the mediation or the other party did not consent to the mediator by the time of the week;

4) the parties did not enter into a mediation agreement, and the other party did not consent to mediation.

§ 3. If, in the cases referred to in paragraphs 2 (1) to (1), the party has brought an action for a claim which has been requested to mediate, within three months from:

1) in which the mediator or the other party made a statement causing the mediation not to have been initiated or

2) the next one after the expiry of the week from the date of service of the request for mediation, when the mediator or the other party did not submit the declaration referred to in point 1

-with regard to this claim, the consequences of the initiation of mediation shall be preserved.

Article 183 7 . [ Request for mediation] The request for mediation shall include the identification of the parties, the precise request made, the circumstances justifying the request, the signature of the party and the attachment of the annexes. If the parties have entered into an agreement for mediation in writing, a copy of that agreement shall be attached to the application.

Article 183 8 . [ Mediation of pages to mediate] § 1. The Tribunal may refer the parties to mediation at any stage of the proceedings.

§ 2. The order of the parties to the mediation may be issued at a secret meeting. Mediation shall not be carried out if the party has not agreed to mediation within a week from the date of the announcement or service of the order of the party to the mediation party.

§ 3. The provisions of paragraph 1 shall not apply to cases which are recognised in the exercise of a gift or an order, unless the pleas in law have been brought in an effective way.

§ 4. The President may call on the parties to participate in an information meeting on amicable methods of dispute resolution, in particular mediation. An information meeting may lead a judge, a judicial referendary, a judicial official, an assistant referee or a permanent mediator.

§ 5. Before the first meeting set for the hearing, the Chairperson shall assess whether to direct the parties to mediation. To that end, the President, if there is a need to hear the parties, may call on them to appear in a personal meeting in an implicit meeting.

§ 6. If the party without justification does not become an information meeting or an implicit meeting, the court may charge it with the costs of the orders placed by the opposing party.

Article 183 9 . [ Median of the mediator] § 1. If the parties have not chosen the person of the mediator, the court shall, when directing the parties to mediation, appoint a mediator with the appropriate knowledge and skills in conducting mediation on matters of a given type, taking into account in the first place the permanent Mediators.

§ 2. The mediator has the right to become familiar with the file of the case, unless the party within a period of a week from the day of the announcement or service of the order directing the party to the mediation does not give consent to familiarizing the mediator with the acts.

§ 3. Following the referral of the parties to mediation, the President shall immediately communicate to the mediator the contact details of the parties and their representatives, in particular telephone numbers and e-mail addresses, if they have them.

Article 183 10 . [ Mediation duration] § 1. By directing the parties to mediation, the court sets the duration of its duration for a period of up to three months. At the request of the parties or for other important reasons, the time limit for the implementation of the mediation may be extended if this is conduit to the settlement of the case. The duration of the mediation shall not be included in the duration of the court proceedings.

§ 2. The President shall designate a hearing after the expiry of the period referred to in § 1 and before the expiry of the time limit, if one of the parties declares that he/she does not consent to mediation.

Article 183 11 . [ Mediation meeting] The mediator shall immediately set the deadline and place of the mediation meeting. The designation of a mediation meeting is not required if the parties agree to carry out the mediation without a mediation meeting.

Article 183 12 . [ Protocol] § 1. A protocol shall be drawn up in the course of mediation, which means the place and time of the mediation, as well as the name and address of the parties, the name and address of the mediator, and the outcome of the mediation. The protocol is signed by the mediator.

§ 2. If the parties have concluded a settlement before the mediator, the settlement shall be entered in the minutes or shall be attached to it. The parties shall sign a settlement. Unable to sign the settlement, the mediator states in the minutes.

§ 2 1 . By signing the agreement, the parties agree to the court to request its approval, as the mediator informs the parties.

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

Article 183 13 . [ Application for approval of the settlement] § 1. Where a party, after the conclusion of a settlement, in a mediation conducted under a mediation agreement, occurs to the court with an application for approval of a settlement, the mediator shall submit a protocol in a court which would have jurisdiction to recognize the case according to the jurisdiction of the overall or exclusive.

§ 2. In the event of a court referral to mediation, the mediator shall submit the minutes in the case to the court recognizing the case.

Article 183 14 . [ Proceedings for the approval of a settlement] § 1. If there is a settlement before the mediator, the court referred to in art. 183 13 At the request of the party, it shall immediately proceed with the procedure for approving the agreement concluded before the mediator.

§ 2. If the settlement is executed by execution, the court approves it by giving it its enforceability clause; otherwise, the court approves the plea agreement by the order of the secret meeting.

§ 3. The court refuses to grant a declaration of enforceability or the approval of a settlement concluded before the mediator, in whole or in part, if the settlement is contrary to the law or the principles of social coexistence or seeks to circumvent the law, and when it is incomprehensible or contains contradictions.

Article 183 15 . [ Legal power of the settlement] § 1. The settlement concluded before the mediator, after its approval by the court, has the legal force of the settlement concluded before the court. The settlement concluded before the mediator, which it has approved by giving its enforceability clause, is the implementing title.

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

Division 2

Conciliation

Article 184. [ Judicial settlement] Civil matters, the nature of which permits, may be settled by way of a settlement concluded before the application is filed. The Tribunal deems the plea inadmissible if its content is unlawful or the principles of social coexistence, or is seeking to circumvent the law.

Article 185. [ Conciliation procedure] § 1. The call for a settlement attempt-regardless of the property-may be requested from the district court, generally applicable to the adversary. It is necessary to mark the case concise.

§ 2. The conciliation procedure shall be carried out by a court in the composition of one judge.

§ 3. Minutes shall be drawn from the meeting, and if the settlement has been settled, it shall be drawn into the minutes, or in a separate document forming part of the protocol and shall state the signatures of the parties. Unable to sign the agreement, the court states in the minutes.

Article 186. [ Non-betting parties] § 1. If the calling for a meeting does not appear, the court shall, at the request of the adversary, submit an obligation to reimburse the costs caused by the attempted settlement.

(2) If, without justification, the opponent does not appear to be sitting, the court, at the request of the requesting one, who subsequently brought the action in the present case, will take into account the costs of the attempted settlement in the decision terminating the proceedings.

Chapter 2

Lawsuit

Article 187. [ The content of the lawsuit] § 1. The lawsuit should be to the satisfaction of the terms of the pleading, and should be included in the following:

1) precisely specified demand, and in matters of property rights also an indication of the value of the subject-matter of the dispute, unless the subject matter is marked with monetary amount;

2) the citation of the facts justifying the request and, where necessary, justifying the court's jurisdiction as well;

3) information whether the parties have attempted a mediation or other extrajudicial way of resolving the dispute, and where such attempts have not been taken, an explanation of the reasons for their failure to take.

§ 2. The action may include requests for the protection of actions, grant of immediate enforceability and a hearing in the absence of the claimants, and requests for the preparation of the hearing, and in particular the following requests for:

1) a call for the hearing indicated by the plaintishness of witnesses and experts;

2) make a visual inspection;

3) command of the defendant to deliver on the trial of the document in his possession, and the necessary for the carrying out of the proof, or the object of the visual inspection;

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

Article 187 1 . [ Pozew on the official form] If the reason for the service provider or the seller is claims arising from contracts of:

1) the provision of postal and telecommunications services,

2) the carriage of passengers and baggage in bulk communication,

3) the supply of electricity, gas and fuel oil,

4) water supply and wastewater disposal,

5) the export of impurities,

6) the provision of heat energy

-it is required to bring a lawsuit on an official form.

Article 187 2 . (repealed)

Article 188. (repealed)

Article 189. [ Appointment of action] The reason may be that the court may request the existence or non-existence of a legal relationship or a law when it has a legal interest in that.

Article 189 1 . [ Authority's powers] Entitlement referred to in Article 189, shall also be entitled, in the course of the proceedings, to the tax authority or to the tax control authority, if the existence or non-existence of a legal relationship or a law is necessary for the assessment of the tax effects.

Article 190. [ Investigation of future benefits] There may be future recurring benefits if the content of the connecting legal relationship does not oppose it.

Article 191. [ Cumulation of claims] The claimer may claim one claim against the same defendant if they are fit for the same procedure and if the court is competent because of the overall value of the claims and, moreover, where the claims are of different nature -except in so far as for any of these claims no separate proceedings are provided, nor does the jurisdiction of the court be subject to the provisions of the jurisdiction, irrespective of the value of the subject-matter of the dispute.

Article 192. [ Consequences of service of the action] Upon service of the application:

1) it is not possible in the course of a case to initiate between the same parties a new proceeding for the same claim;

(2) the defendant may set a counterclaim against the plaintiv;

3) the divestment in the course of the matter or the law, covered by the dispute, does not affect the further course of the case; however, the purchaser may enter into place of the vendor with the permission of the opposing party.

Article 193. [ Amendment of action] § 1. The amendment of the action is admissible if it does not affect the jurisdiction of the court.

(2) If, according to the provision preceding the amendment, the change is not admissible and the plaintip changes the action in such a way that it is present with the new claim next to the original, the court will recognize the new claim as a separate case, if it is in factual and the local competent authority, otherwise it shall refer the matter to the competent court. However, where such a change takes place in the district court, the whole of the amended proceedings shall be communicated to the district court which, for the amended action, is in factual and locality jurisdiction.

§ 2 1 With the exception of matters of maintenance, the amendment of the action may be made only in the written pleadage. Article Recipe 187 shall apply mutatis mutandis.

§ 3. If the claimant is present with the new claim, instead of or in addition to the original claim, the effects provided for in the preceding article shall begin at the time when the claim has been notified at the hearing in the presence of the defendant, in other cases, on service of the defendant in a letter containing the amendment and corresponding to the requirements of the application.

§ 4. (repealed)

Article 194. [ Call for participation in the case] § 1. If it turns out that an action has not been brought against a person who should be on the defendant's party, the court at the request of the plaintiver or defendant will call on that person to take part in the case. A person called upon to participate in a case at the request of the defendant may claim reimbursement only from the defendant if it is found that the application was unfounded.

§ 2. The person called to take part in the case in the capacity of the defendant may, with the consent of both parties, enter into the place of the defendant, who will then be exempted from participation in the case. In the event of consent to change the defendant's party, the defendant may, within a two-week period, submit to the court an application for costs from the plaintier, irrespective of the subsequent outcome of the case.

§ 3. If it is found that an action for the same claim may be brought against other persons not present in the case in the nature of the defendants, the court at the request of the plaintiff may call upon those persons to take part in the case.

§ 4. (repealed)

Article 195. [ Unborrowed] § 1. If it appears that they are not for reasons or defendants, all persons whose collective participation in the case is necessary, the court will invite the claimant to mark, within the prescribed period, those persons who do not participate in such a manner as to enable them to take part in the a call or notice was possible and, if necessary, to request the appointment of a curator.

§ 2. The Tribunal shall call upon persons not called upon to take part in a case in the nature of defendants. Persons whose participation in the case as a reason is necessary, the court notifies the ongoing process. They may, within two weeks of the notification of the notification, proceed to the case as a reason.

Article 196. [ Notification of the process] § 1. If it is found that an action has been brought not by a person who is to be present in the case as a plaintiver, the court shall, at the request of the plaintil, notify the person in question of the person in question referred to him. That person may, within two weeks of the notification of the notification, enter into the case as a plaintiver.

§ 2. The notified person who has entered into the case as a claimant may, with the agreement of both parties, enter the place of the claimant, who will then be free to participate in the case. If consent is given to a change in the defendant's party, the defendant may, within a two-week period, submit to the court an application for the previous costs from the person who had previously appeared as a plaintier.

Article 197. (repealed)

Article 198. [ The effects of summations and notices] § 1. The call to take part in a case in the nature of the defendant, made by the court in accordance with the preceding articles, shall replace the appeals. The persons in the court shall serve copies of the pleadings and annexes.

§ 2. The effects of the law which the Act entanembles in relation to the persons notified in accordance with the articles preceding the time of accession of those persons to the case as a reason for the matter.

§ 3. The persons called upon to take part in the case, as well as the persons notified in accordance with the articles prior to the ongoing process, which, within the period of time, have notified their accession to the case as a reason, may, at the time of the first procedural action, be required to take part in the proceedings before the Court repetition of the previous proceedings in whole or in part according to the circumstances of the case.

§ 4. In respect of persons called upon to take part in the case and the notified persons who have notified their accession to the case, provision shall be made for the participation of the persons concerned.

Article 199. [ Grounds for rejection of the application] § 1. The court shall reject the lawsuit:

1) if the judicial path is inadmissible;

(2) if the same claim between the same parties is in progress or has already been adjudicated by the right to the right to the right to do so;

(3) if one of the parties has no judicial capacity, or if there is no procedural capacity and a statutory representative is not acting for it, or if there are deficiencies in the composition of the bodies of the organisational unit giving rise to a lack of capacity for the action.

4) (repealed)

§ 2. In the absence of judicial capacity of one of the parties, or of the procedural capacity of the claimant and of the failure to act by a statutory representative or the absence of an organisational unit in the composition of the bodies which is the reason for preventing it from acting, the court will only reject the decision. where the absence will not be completed in accordance with the provisions of the Code.

§ 3. The rejection of the action may be held in an implicit meeting.

Article 199 1 . [ No grounds for rejecting the lawsuit] The court may not reject the application on the ground that it is the competent authority of the public administration or the administrative court to hear the case, if the public administration or the administrative court has been found to be inappropriate in that case.

Article 200. [ Court's failure] § 1. The court, which will determine its incompetence, shall refer the matter to the competent court. The order of the court may fall in an implicit meeting.

§ 2. The court to which the case has been referred is bound by the order in which the case is referred. This does not apply to the case of a case of a higher order. That court shall, in the event of its incompetence, transfer the case to another court which it considers appropriate without excluding the transmitting court.

§ 3. The actions taken in the wrong court remain in force.

Article 201. [ Investigation of the procedure] § 1. The President shall examine how the case should be identified and whether it is subject to a separate procedure and shall issue appropriate ordinances. In the cases provided for in the Act, the President shall designate an implicit meeting for the purpose of issuing a payment order in the award of a reministent procedure.

(2) If the case instituted or is not in the wrong mode, the court shall recognize it in the appropriate manner or shall communicate it to the competent court in such a manner. In the event of a transfer, the provisions of paragraphs 2 and 3 of the preceding Article shall apply mutatis mutandis. However, each party may request a repetition of the court's action without its participation.

Article 202. [ Examination of uncharacteristic indications] The failure of the court to remove by agreement of the parties the court shall take into consideration only on the defendant's plea, notified and duly justified before being in dispute as to the merits of the case. The court does not examine the office of this incompetence also prior to service of the application. If the special provision does not provide otherwise, the circumstances which justify the rejection of the application as well as the wrong course of action, the lack of proper standing of the agent, the lack of the defendant's procedural capacity, the absence of the defendant's body or of his/her own the inaction of its statutory representative shall be taken out of office in any state of affairs.

Article 202 1 . [ Conclusion of the mediation agreement] If the parties prior to the opening of the legal proceedings have entered into an agreement for mediation, the court directs the parties to mediation on the defendant's plea, reported before being in dispute as to the substance of the case.

Article 203. [ Unlawsuit] § 1. The lawsuit can be revoked without the defendant's permission until the start of the trial, and if the revocation is linked to the renunciation of the claim-until the judgment is given.

§ 2. The revocation shall not have any effect which the law entailed in the conduct of the action. At the request of the defendant, the reason shall be reimbursed by the defendant, if the court has not previously held a final decision on the obligation to pay them by the defendant.

§ 3. In the event of the withdrawal of the lawsuit outside the hearing, the President shall refer the designated hearing and revocation to the defendant, who may, within a two-week period, submit a request to the court for costs. Where the effectiveness of the withdrawal of the application depends on the consent of the defendant, the failure to make a statement on the matter in question within the above period shall be deemed to be an expression of consent.

§ 4. The court may consider it inadmissible to withdraw the claim, waiver or limit the claim only if the circumstances of the case indicate that the listed activities are contrary to the law or the principles of social coexistence or are aimed at circumventing rights.

Article 204. [ Cross-Command] § 1. A counterclaim shall be admissible if the counterclaim is in relation to the claimant's claim or is suitable for a deduction. A counterclaim may be brought either in response to a lawsuit or separately, but not later than at the first hearing, or in opposition to the judgment of the Court of First Time.

§ 2. Mutual lawsuit shall be filed with the court of the lawsuit. If, however, the reciprocal application is subject to recognition by a district court and the case has been initiated in a district court, that court shall refer the whole case to the court competent to identify the counterclaim.

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

Article 205. [ Forwarding the case to the district court] The district court may, at the request of the defendant, submitted until the hearing of the hearing, refer the case to the district court if the defendant has filed a claim against the plaintiger in respect of the claimant's claim or because he or she has a relationship with him, or because the claims of the parties are fit to be deducted.

Chapter 3

Hearing

Article 206. [ Appointment] § 1. The timing of the hearing shall be determined by At the same time, the designation of the first hearing shall be managed by the service of the application and shall be designated by the Judge-Rapporteur as appropriate

§ 2. At the same time, the defendant and the summons shall be informed of the defendant at the first hearing of:

1) process activities which it may or should take if it does not accept the claim of a lawsuit in whole or in part, in particular the possibility or the obligation to file a response to the lawsuit, including the applicable requirements in this regard as and forms, or presentation of its conclusions, assertions and evidence at the hearing;

2) the consequences of failure to take such action, in particular the possibility of the court issuing the judgment and the conditions of its enforceability and the burden of the defendant for the costs of the proceedings;

3) the possibility of establishing by the defendant a procedural representative and the absence of a compulsory replacement by a lawyer.

Article 207. [ Response to the lawsuit] § 1. The defendant may, before the first meeting appointed for the hearing, bring an answer to the suit.

The President may order a response to the lawsuit within a specified time limit, which shall not be less than two weeks.

§ 3. The President may also, before the first meeting appointed for the hearing, oblige the parties to submit further preparatory letters, marking the order in which they are to be lodged, the time limit within which they must be submitted, and the circumstances to be clarified. In the course of the case, the filing of preparatory letters shall take place only if the court so decides, unless the letter contains only the application for proof. The Tribunal may issue an order in an implicit meeting.

§ 4. In the cases referred to in § 3, the chairman or the court may hear the parties in an implicit meeting.

§ 5. In order to provide for the service of the application, the response to the lawsuit or submission of further preparatory pleadings, the chairman or the court, if he has decided to submit preparatory letters in the course of the case, shall instruct the parties to the contents of paragraph 6.

§ 6. The Tribunal shall dismiss late submissions and evidence unless the party is prima facie aware that it has not notified them in the lawsuit, the response to the lawsuit or the subsequent preparatory letter without his or her fault, or that the consideration of late claims and evidence shall not result in a delay in the the recognition of the case, or that there are other exceptional circumstances.

§ 7. A response to a lawsuit filed in breach of § 2 shall be repaid; a preparatory letter filed in violation of § 3 shall also be returned.

Article 208. [ Preparation of the hearing] § 1. The President shall, according to the circumstances, issue before the hearing, on the basis of a lawsuit and other pleadings of the Order, in order to prepare the hearing. The President may, in particular:

1) call on the parties to appear on trial in person or by proxy;

2) request a hearing from the state organizational unit or the organizational unit of the territorial self-government held with them, if the party itself can receive such evidence;

3) call for the hearing indicated by the witness page;

4) call for the hearing of the persons appointed by the parties on the experts;

5) to order the presentation of documents, visual objects, books, plans, etc.

§ 2. The President may, in addition, if necessary, order the visual inspection before the hearing.

Article 208 1 . [ Determination from office of the PESEL number or of the defendant's NIP] The court of office shall determine the PESEL number of the defendant who is a natural person, if he is obliged to have it or has it not having such an obligation, or a number in the National Court Register, and in the absence of it-the number in another competent the register, records or NIP of a defendant not being a natural person who is not obliged to enter in the competent register or records where he is obliged to have it.

Article 209. [ Absence of pages] Each party may request that the trial be carried out in the absence of the trial.

Article 210. [ Course of the hearing] § 1. The hearing takes place in such a way that, after calling the party's case-first, the reason and then the defendant-they report their demands and conclusions orally and present their claims and evidence in support of them. The parties may also indicate the legal basis for their requests and requests. At the request of the prosecutor, the court shall give him the floor in any state of the trial; art. 62 does not apply.

(2) Each party shall be required to make a statement as to the allegations of the opposing party concerning the facts.

§ 2 1 The Tribunal shall instruct a party in the case without a lawyer, legal counsel, patent ombudsman or Councillor of the Prosecutor General of the State Treasury of the content of the art. 162, 207, 217, 229 and 230.

§ 2 2 The Tribunal shall instruct the parties to settle the dispute in a settlement, in particular by way of mediation.

§ 3. In addition, the hearing shall include, according to the circumstances, the probative procedure and the shatting of its results.

Article 211. [ The absence of the parties at the hearing] In the absence of a party to the hearing, the chairman or the Judge-Rapporteur appointed by him shall submit its conclusions, claims and evidence in the file.

Article 212. [ The activation of the parties in connection with the assertion of claims, evidence and explanations and the establishment of the circumstances of the disputed] § 1. The court hearing, by asking questions to the parties, shall seek to ensure that the parties give or supplement the claims or evidence of their support and provide the necessary explanations for the factual findings of the factual basis on which they are based or claims. In the same manner, the court seeks to clarify the relevant circumstances of the case, which are contentious.

§ 2. In the event of a duly justified need, the President may give the parties the necessary instructions and, where appropriate, shall draw attention to the advisability of the establishment of a procedural representative.

Article 213. [ Recognition of action] § 1. The facts commonly known to the court take into account even without relying on them by the parties.

§ 2. The Tribunal shall be bound by the recognition of a court of law, unless the recognition is contrary to the law or the principles of social coexistence or seeks to circumvent the law.

Article 214. [ Deferral of the hearing] § 1. The hearing shall be postponed if the court finds the irregularity in the service of the summons, or if the absence of the party is caused by an extraordinary event or another known to the court an obstacle which cannot be overcome.

§ 2. The Tribunal may sentence a fine to a fine if it has referred in bad faith to untrue circumstances which have resulted in a postponement of the hearing.

§ 3. If the untrue circumstances, which resulted in a postponement of the hearing, have been called in bad faith by the party's attorney, the court may sentence him to the fine.

Article 214 1 . [ Justification for failure to do so because of illness] § 1. Justification for failure to do so because of the illness of the parties, their legal representatives, agents, witnesses and other participants in the proceedings, requires the presentation of a certificate confirming the impossibility to appear on the call or a notice of the court, issued by a medical practitioner.

§ 2. The provision of § 1 shall not apply to persons deprived of liberty whose justification for failure to do so by a disease is governed by separate provisions.

Article 215. [ Deferral of the hearing] The hearing shall be postponed if the court decides to call for participation in the case or to notify the ongoing trial of a person who has not yet been in the proceedings for reasons or defendants.

Article 216. [ Betting of parties] The Tribunal may, in order to clarify the state of the case more precisely, order the parties, or one of them, either in person or by a representative.

Article 216 1 . [ Hearing of the minor by the court] § 1. The court in cases concerning the person of the minor shall listen to them if his mental development, state of health and degree of maturity permit it. The hearing shall take place outside the court of the court meetings.

§ 2. The Tribunal shall, according to the circumstances, the development of the mental state, the state of health and the degree of maturity of the child, take into account his sentence and reasonable wishes.

Article 217. [ Submission of facts and evidence] § 1. The party may, until the closing of the hearing, attach factual evidence and evidence to the reasons for its conclusions or to support the conclusions and claims of the opposing party.

(2) The Court of First Instance shall disregard late submissions and evidence unless the party is prima facie not to have notified them in due time without his or her fault or that the taking into account of late claims and evidence will not result in a delay in the identification of the case or that there are other evidence of such evidence. exceptional circumstances.

§ 3. The court shall dismiss the claims and evidence if they are invoked only for the corpse or the circumstances of the dispute have already been sufficiently clarified.

Article 218. [ Separate hearing] The court may order a separate trial as to the application of the main and mutual action, as well as to one of the few claims connected in one lawsuit, either the principal or the reciprocal, or in relation to the individual complicity.

Article 219. [ Cumulative Case Diagnosis] The Tribunal may order a combination of several separate cases pending before it for the purpose of their joint recognition or settlement if they are in a relationship or may have been covered by a single lawsuit.

Article 220. [ Restriction of hearing] The court may limit the hearing to individual pleas or preliminary issues.

Article 221. [ Defence burden] The defendant shall not refuse to enter into a dispute as to the substance of the case, although he has filed pleas in formal proceedings.

Article 222. [ Dismissal of formal charges] By dismissing the pleas in law which would have justified the rejection of the application, the court shall issue a separate provision and may suspend further recognition of the case until the decision has been brought to the effect of the decision. The dismissal of other pleas in formal proceedings shall state in the grounds of the decision terminating the proceedings, citing the reasons for the decision.

Article 223. [ Judicial settlement] § 1. The President should, at the right moment, prompt the parties to make reconciliation, especially at the first meeting, after the initial explanation of the position of the parties. The settlement of a settlement concluded before the court shall be drawn up in the minutes of the hearing, or shall be entered in a separate document forming part of the protocol and shall state the signatures of the parties. Unable to sign the agreement, the court states in the minutes.

§ 2. Article Recipe 203 § 4 shall apply mutatis mutandis.

Article 224. [ Close of the hearing] § 1. The President shall close the hearing after the evidence has been carried out and the parties have been heard.

§ 2. You may also close the hearing if you are to carry out further evidence by a judge appointed or by a summoned court, or if you are to carry out evidence from the act or explanations of public administration bodies, and the hearing as to those the court finds it superfluous.

Article 225. [ Reopening of the hearing] The court may open a closed trial.

Article 226. [ Reference from the chairman's orders] From the President's orders issued in the course of the hearing, the parties may appeal to the court.

SECTION III

Evidence

Chapter 1

Subject matter and evaluation of evidence

Article 227. [ Subject of proof] The object of the evidence is the facts relevant to the resolution of the matter.

Article 228. [ Notorious Facts, Official Known] § 1. The facts commonly known do not require proof.

§ 2. The same applies to facts known to the court officially, but the court should, at the hearing, turn the attention of the parties to the attention of the court.

Article 229. [ Facts granted] They shall also not require proof of the facts granted in the course of the proceedings by the opposing party, if the award is not of doubt.

Article 230. [ Facts deemed to have been granted] When the party fails to comment on the facts of the opposite party of facts, the court, having regard to the results of the whole hearing, may consider these facts to be granted.

Article 231. [ Implicit allegations] The Tribunal may consider as established facts of material importance for the resolution of the case, if such a request can be made from other established facts (presumption of fact).

Article 232. [ Burden of proof] The parties shall be obliged to provide evidence of the facts from which legal effects are derived. The court may allow evidence not indicated by the party.

Article 233. [ The free assessment of evidence] § 1. The court assesses the vitality and power of the evidence according to its own convictions, on the basis of a comprehensive consideration of the collected material.

(2) The Court of First Instance shall assess, on the same basis, the importance of the refusal by the party to furnishing proof or to the obstacles which it has placed in its conduct contrary to the order of the court.

Article 234. [ Presumption of Legal] The presumption laid down by law (presumption of law) is bound by the court; however, it may be refuted, whenever the law does not exclude it.

Chapter 2

Probative procedure

Division 1

General provisions

Article 235. [ Legal aid] § 1. The proceedings of evidence shall be held before the adjudicatory court unless it precludes the nature of the evidence, or of serious inconvenience or disproportionate cost in relation to the subject-matter of the dispute. In such cases, the court shall order the commission to carry out the evidence to one of its members (the appointed judge) or to another court (the requested court).

(2) If the nature of the evidence does not object to it, the court may decide that it will be carried out by means of the technical devices enabling the operation to be carried out at a distance.

§ 3. The Minister of Justice shall determine, by means of a regulation, the types of equipment and technical means enabling proof of distance to be carried out, the use of such equipment and means, as well as the manner in which it is stored, restored and copying the records made during the performance of the recording, having regard to the need to ensure that the image or sound is properly protected against the loss of evidence, distortion or unauthorised disclosure.

Article 236. [ Probative] In the order for the completion of the proof, the court shall determine the facts to be established, the measure of evidence and, as the case may be, the Judge or the court which has the evidence to carry out, and, if possible, the time limit and the place where the evidence is to be carried out evidence. By designating a judge, the court may leave it to mark the date of the proof.

Article 237. [ Non-betting parties] The parties shall not refrain from holding evidence unless the presence of the parties or one of them proves to be necessary.

Article 238. [ Signing of protocol] § 1. Protocol drawn up in accordance with art. 157 § 1 1 They shall, in addition to the Judge and the Protokolant, be signed, including the persons interrogated and the parties, if they are present, containing the course of evidence before the Judge appointed or before the requested court.

§ 2. The refusal or inability to sign shall be stated in the minutes.

Article 239. [ Judge appointed and the requested court] The appointed judge and the requested court shall have the right to take evidence of the right of the President and of the law of the adjudicating court to the court ordered them. For their misconduct, the parties may draw the court's attention no later than the near trial.

Article 240. [ Change of Order] § 1. The Tribunal shall not be bound by its order of inquiry and may, as appropriate, repeal or amend it, even at a meeting of classified information.

§ 2. The judge appointed and the requested court may supplement, upon the request of the party, the order of the court adjudicating by the hearing of the new witnesses to the facts indicated in that order.

Article 241. [ Addendum to the proceeding] The adjudicatory court may order the repetition or the addendum to the evidence.

Article 242. [ Obstacles] If the proceedings of evidence encounters an obstacle of an indefinite duration, the court may mark a time limit after which the evidence may only be carried out if it does not result in a delay in the proceedings.

Article 243. [ Probable] It is not necessary to maintain detailed rules on evidence of evidence that the law provides for prima facie evidence instead of proof.

Division 2

Documents

Article 243 1 . [ Application of branch provisions] The provisions of this branch shall apply to documents containing text to enable the establishment of their exhibitors.

Article 244. [ Official documents] § 1. The official documents, drawn up in the form prescribed by the public authorities and other public authorities in respect of their operation, shall constitute evidence of what has been officially certified in them.

§ 2. Article 1 shall apply mutatis mutandis to official documents drawn up by entities other than those referred to in § 1, to the extent of the tasks assigned to them by the Act on the field of public administration.

Article 245. [ Private document] A private document drawn up in written or electronic form shall provide proof that the person who signed it has made a statement contained in the document.

Article 246. [ Proof] If the law or agreement of the parties requires for legal action to preserve the written form, the evidence from the witnesses or the hearing of the parties in the case between the participants in that task for the fact of its filing is admissible in the case where the enclosing document the task has been lost, destroyed or taken by a third party, and if the written form was reserved only for evidentiary purposes, also in the cases specified in the Civil Code.

Article 247. [ Restrictions] Evidence from witnesses or from the hearing of the parties against the osnów or more than the settlement of a document covering the legal action may be permitted between the participants in this task only in cases where this does not lead to circumvention of the provisions of the form for annulment and where, in view of the particular circumstances of the case, the court finds it necessary to do so.

Article 248. [ Obligation to present a document] § 1. Each obligation shall be provided on the order of the court at the designated date and place of the document in its possession and providing evidence of the fact that the case may be resolved, unless the document contains classified information.

§ 2. From that obligation, the person who, in circumstances covered by the content of the document, could, as a witness, refuse to testify or who is in possession of a document on behalf of a third party, who could, for the same reasons, object to a statement of reasons presentation of the document. However, it shall not be possible to refuse to present a document where the holder or a third party are obliged to do so at the same time as one of the parties, or where the document is issued in the interest of the party requesting the proof. In addition, the party may not refuse to present a document if the damage it would have been exposed to is a loss of the process.

Article 249. [ Company Documents] § 1. In cases involving a commercial or industrial undertaking, where one of the parties is referred to the books and documents of the undertaking, it shall be submitted to the court if the court finds that the extract is insufficient.

§ 2. When there is a significant difficulty in delivering the books to the court, the court may review them on the spot or commission the judge appointed to review them and draw up the necessary extracts.

Article 250. [ Copy and extract of the document] § 1. If the document is in the acts of the authorities or bodies referred to in Article 244 (1) and (2), it shall be sufficient to provide an official attestation by that authority or body or extract from the document. The court shall request the issue of a write-off or an exodus if the party itself cannot obtain it.

§ 2. When the court finds it necessary to review the original of the document, it may order that it be delivered to the trial, or review it on the spot by a judge appointed or by the entire composition of the court.

Article 251. [ Refusal to submit a document] For an unjustified refusal to submit a document by a third party, the court shall, after hearing it and the parties as to the merits of the refusal, condemn the third party to the fine. The third party shall have the right to demand reimbursement of expenses linked to the presentation of the document.

Article 252. [ Denial of authentic authentic instrument] A party which denies the correctness of the authentic instrument or claims that the statements of the authority from which the document originates are incompatible with the truth, should prove that it is true.

Article 253. [ Deny private document truthfulness] If the party denies the truthfulness of the private document or claims that the statement of the person who signed it does not originate from it, it shall be obliged to prove it. However, if the dispute concerns a private document originating from a person other than a party denying it, the veracity of the document should prove to the party who wishes to use it.

Article 254. [ Examination of experts] § 1. The examination of the veracity of the document may be carried out with the expert.

§ 1 1 The examination of the veracity of the letter can be followed by a comparison of the letter on the disputed document with the same person in other documents, undoubtedly true. The court may, if necessary, call upon the person from whom the letter originates in order to write the words to which it is subject.

§ 2. From the obligation to make a letter of inquiry, the person who asked whether the document is true would be released as a witness to the statement of the statement.

§ 2 1 The Tribunal may, where necessary, invite the issuer of a document, drawn up in electronic form, to provide the information medium on which the document has been stored.

§ 2 2 . From the obligation to make the data medium available, the person who asked the question whether the document was drawn up on the information medium or whether it came from it could, as a witness, refuse to give evidence.

§ 3. The Tribunal may apply to a third party who has not executed the court orders issued under the preceding paragraphs, the same coercive measures as against witnesses.

§ 4. A third party may, on a par with a witness, demand reimbursement of expenses necessary for the placing of the court or the provision of computer data medium, and also remuneration for loss of earnings.

Article 255. [ Grzywna] A party who, in bad faith or recklessly, has reported the allegations provided for in Article 252 and 253, shall be punished by the fine.

Article 256. [ Translator vowed] The court may request that the document in a foreign language be postponed by a sworn translator.

Article 257. [ Corrupt document] The court shall assess, on the basis of the circumstances of the individual case, whether or not the document retains the power of proof in spite of the strikeout, contemoration or other damage.

Division 3

Testimonies of witnesses

Article 258. [ Evidence of witnesses] The party claiming evidence from witnesses is required to accurately determine the facts to be testimonies of individual witnesses found, and to point out witnesses so that the summons of the witnesses to the court can be made possible.

Article 259. [ The incapacity of being a witness] Witnesses shall not be:

1) persons unable to observant or communicate their observations;

2) military and officials not exempted from the secrecy of classified information with the "restricted" or "confidential" clause, if their testimony would be combined with its violation;

3) representatives of the law of the parties and persons who may be questioned as a party as the organs of a legal person or other organization having the capacity of a judicial person;

4. co-arching uniformly.

Article 259 1 . [ Obligation of secrecy of mediation] The mediator shall not be able to witness the facts of which he has learned in connection with the conduct of mediation, unless the parties relieved him of the obligation to preserve the secrecy of mediation.

Article 260. [ Co-archer as a witness] An accessor to a dispute, which is not a single complicity, may be a witness to the facts concerning only another co-participation.

Article 261. [ Refusal of testimony] § 1. No one shall have the right to refuse to testify as a witness, with the exception of the spouses of the parties, their preliminary, descendants and siblings, and the duties of the same line or degree, as well as the persons remaining with the parties in relation to the adoption. The right to refuse a statement lasts after the marriage or termination of the appruse relationship. However, the refusal to testify is not admissible on matters of state law, except for matters of divorce.

§ 2. The witness may refuse to answer the question asked if the testimony could expose him or his loved ones, listed in the preceding paragraph, to criminal liability, disgrace or severe and direct damage to property, or if the testimony would be connected to a violation of the relevant professional secrecy. A cleric may refuse to testify about the facts entrusted to him in confession.

Article 262. [ The content of the witness's call] The General Court, calling on the witness, named in the summons, the name and residence of the defendant, the place and time of the hearing, the names of the parties and the subject matter of the case, and a brief settlement of the provisions on penalties for the violation of the duties of the witness and, furthermore, the reimbursement of expenses the necessary, related to the court, and the remuneration for loss of earnings.

Article 263. [ Hearing of the disabled] The interrogation of the persons affected by the disease or the disability shall take place at the place where they are staying, if they cannot leave it.

Article 264. [ The order of the witness hearing] The order of the witnesses shall be the Chairman Witnesses, who have not yet submitted a statement, cannot be present at the hearing of other witnesses.

Article 265. [ Translator] § 1. An interpreter may be used to interrogation of a witness who does not have enough Polish language.

§ 2. The provisions on experts shall be applied to the interpreters. An employee of the judiciary may act as an interpreter without a pledge, but with an appointment as a professional vow.

Article 266. [ Confidentiality, vows] § 1. Before questioning a witness, he will be warned about the right to refuse to testify and criminally responsible for making false statements.

§ 2. The interview starts with the task of witness the questions concerning his person and the relation to the parties.

§ 3. If a witness is to testify, the President shall receive a pledge from him, after instructing him of the meaning of the act.

Article 267. [ Exempt from the provision of a pledge] They do not make a pledge to witnesses to minors who have not finished the seventeen years, and who have been convicted of false statements by the convicted person. Other witnesses may be, with the agreement of the parties relieved by the court of the court, to make a vow.

Article 268. [ Pledges] The wording of the pledge is as follows: "Aware of the meaning of my words and responsibilities before the law, I promise solemnly that I will speak sincere truth, without concealing anything from what is known to me."

Article 269. [ Submission of a pledge] § 1. The witness shall make a pledge by repeating the text of the promise, or by reading the text of the pledge, with the exception of all judges, except for the judges.

§ 2. The deaf and deaf shall make a pledge by the signature of his text or by an expert.

Article 270. [ Repeated hearing of the witness] In the event of a second hearing, the witness reminds him of a previously complex promise.

Article 271. [ Submission of testimonies] § 1. The witness shall report orally, starting with the answer to the President's questions, what sources he is aware of in the case, after which the judges and the parties may ask him questions in that regard.

§ 2. The deaf and the deaf shall give testimony in writing or with the assistance of a proficient.

Article 272. [ Confrontation] Witnesses, whose testimony contradicts each other, may be confronted.

Article 273. [ Testimony of a witness] § 1. Testimony of a witness, after being written to the protocol, drawn up in accordance with art. 157 § 1 1 He will be read and rectified according to his observations and rectified.

§ 2. The witness may dismiss from the court no earlier than after obtaining the chairman's permission for this.

Article 274. [ Witness not to be held] § 1. For an unjustified failure, the court will condemn the witness to the fine, after which he will summoned him again, and in the event of re-instability he will sentence him to a refine and may order his forcible sings.

§ 2. The provision of the preceding paragraph shall apply mutatis mutandis to a witness who has rejected himself without the permission of the President.

Article 275. [ Justification for failure of the absence of the law] A witness shall, within one week from the date of service of the order that he or she shall have been served on the fine or at the first meeting to which he or she is called, may justify his failure to do so. In case of justification for failure to do so, the court will release the witness from the fine and from the forced abduction. The provisions of the court may be held in an implicit meeting.

Article 276. [ Consequences of refusal of testimony] § 1. For an unwarranted refusal to testify or pledge, the court shall, after hearing the current parties as to the legitimacy of the refusal, convience a witness against the fine.

§ 2. Notwithstanding the above fine, the court may order the arrest of a witness for a period not exceeding a week. The court will revoke the arrest if the witness makes a statement or a pledge or if the case has been completed in an instance in which the evidence from that witness has been admitted.

Article 276 1 . [ Pulling a soldier to be held accountable] In case of misconduct by a soldier in active military service, the duties referred to in art. 274 and 276, the court, instead of convicting a soldier on a fine, occurs to the commander of the military unit in which the soldier is serving the service, with the request to hold him to disciplinary responsibility.

Article 277. [ Reimbursement of expenses, salary] The witness shall have the right to demand reimbursement of the expenses necessary relating to the setting up of the court and, moreover, the remuneration for loss of earnings. The Chairman may grant the witness an advance on the costs of travel and for the maintenance at the place of the hearing.

Division 4

Expert opinion

Article 278. [ Call for proficient] § 1. In cases requiring special attention, the court shall, after having heard the requests of the parties as to the number of experts and of their choice, call on one or more experts to consult them.

2. The Court of First Instance may leave the choice of an expert to a designated Judge or to the Court of First Instance to the Court of Justice.

§ 3. The Tribunal shall state whether the opinion is to be delivered orally or in writing.

Article 279. [ Admission of evidence from experts] The admission of evidence from experts may take place in an implicit meeting after hearing the parties ' conclusions as to the number of experts and their selection.

Article 280. [ Refused acceptance of the obligation] The person appointed by the expert may not accept the obligation on the expert for reasons which entitle the witness to refuse to testify and, furthermore, on the grounds of an obstacle which prevents it from issuing its opinion.

Article 281. [ Exemption of expert] Until the completion of an expert's task, the party may request an exemption from the reasons why a judge may be requested to be excluded. When a party requests that an expert be disabled after the application has been initiated, it shall be required to establish that the reason for the exemption was later or that it had not been known before.

Article 282. [ Pledges] § 1. The expert reports before the commencement of the task, as follows: "Aware of the meaning of my words and the responsibility before the law, I promise to solemnly assume that I am entrusted with the duties of an expert with all conscientiousness and impartiality."

§ 2. In addition, the provisions on the vow of witnesses shall apply mutatis mutandis to the vow.

Article 283. [ Exempt from pledge] § 1. The expert shall not make a pledge when the two parties agree.

§ 2. The permanent judicial system shall only make a pledge when taking up its position, and shall rely on them on a case-by-case basis.

Article 284. [ Participation of the expert in the proceedings] The Tribunal may order the evidence of the case and the object of the investigation to be presented to the expert and order that he be involved in the proceedings in evidence.

Article 285. [ Opinion of the expert] § 1. The expert's opinion shall contain a statement of reasons.

§ 2. The Biegli may submit a total opinion.

§ 3. If the expert is unable to give an exhaustive opinion, the court shall set a further period for the submission of the opinion.

Article 286. [ Additional opinion] The Tribunal may request an oral explanation of the opinion made in writing, and may, if necessary, request an additional opinion from the same or other experts.

Article 287. [ Punishing expert] For an unjustified failure to do so, for an unjustified refusal to make a pledge or an opinion, or for an unjustifiable delay in the submission of an opinion, the court will condemn the expert to the fine.

Article 288. [ Remuneration of the expert] The expert has the right to demand pay for the court and the work done. The President may grant an expert advance on the expenditure.

Article 289. [ Application of the provisions on witnesses] In addition, the provisions on witnesses shall apply mutatis mutandis to the summons and hearings of experts, with the exception of the provisions on compulsory import.

Article 290. [ Opinion of the relevant institute] § 1. The Tribunal may request the opinion of an appropriate scientific or scientific research institute. The Tribunal may require the institute to provide further explanations or oral or oral explanations by the person appointed to that person, and may also order the submission of an additional opinion by the same or another institute.

§ 2. In the opinion of the Institute, the persons who carried out the survey and delivered an opinion shall be indicated.

Article 290 1 . [ Opinion of the opinion of the judicial team of specialists] § 1. In family and caring matters, the court may request the opinion of the opinion of the court team of specialists.

2. The Tribunal may request the opinion of a judicial panel of additional explanations or oral or oral hearing by a designated person, or may order the submission of an additional opinion by the same or another opinion or a court panel of experts. specialists.

§ 3. In the opinion of the opinion of the judicial panel of specialists, the persons who carried out the examination and issued an opinion shall be indicated.

Article 291. [ Remuneration] The scientific or scientific-research institute may request remuneration for the work performed and for the residency of its representatives.

Division 5

Visual inspection

Article 292. [ Management of visual inspection] The Tribunal may order visual inspection without participation or with the participation of experts, and, where appropriate, also in conjunction with the hearing of witnesses.

Article 293. [ Submission of an object of visual inspection] The provisions on the obligation to present a document shall apply mutatis mutandis to the presentation of the object of the visual inspection. If the type of the subject allows it and it is not combined with significant costs, the subject of the visual inspection shall be delivered to the court.

Article 294. [ Allowing the visual inspection] If the subject of the inspection is in the possession of a third party and the visual inspection is to be carried out at the place where the subject is located, that person shall be called upon by the term of the visual inspection and shall be obliged to facilitate access to the subject matter.

Article 295. [ Abandon of visual inspection] § 1. A third party shall, within the course of the day three from the service of the call, be required, for important reasons, from the court to call for an omission to be abandoned.

§ 2. Before recognizing a request from a third party, the court will not proceed with the visual inspection.

Article 296. [ Grzywna] A third party who has not complied with the management of the visual inspection, shall be sentenced to a fine by a third party.

Article 297. [ Reimbursement of expenses, salary] The third party shall have the right to request reimbursement of the expenses necessary for the appointment of the court, and the remuneration for loss of earnings on an equal basis with the witness, and reimbursement of expenses linked to the provision of the subject visual inspection.

Article 298. [ Person's visual] The visual inspection of a person may be held only with the consent of the person.

Division 6

Hearing of parties

Article 299. [ Acceptance of evidence] If, upon exhaustion of the means of evidence or in their absence, any unexplained facts relevant to the resolution of the case, the court of justice may allow evidence from the hearing of the parties to clarify the facts.

Article 300. [ Legal person] § 1. For a legal person, the court interrogates the persons forming part of the body authorized to represent it, with the court deciding whether to interview all these persons, or only some of them.

§ 2. For the Treasury the court may question as a party of a person appointed to represent the state organizational unit, the activity of which involves an income claim, or other designated persons.

Article 301. [ Appointment for the designated person] If an action is carried out by a public prosecutor or an NGO to a designated person, he shall be heard as a plaintiff's party, even if it has not acceded to the case.

Article 302. [ Hearing of the party, minors] § 1. Where, for reasons of factual or legal nature, one party may be questioned about the circumstances of the dispute, the court shall assess whether or not this party should be heard, or whether this evidence is to be disregarded in full. The court will do the same when the other party or some of the co-authors did not appear to be hearing the parties or refused to testify.

§ 2. In the cases of persons under parental authority, care or guardianship from the discretion of the court shall be subject to a hearing or to the party itself, or of its statutory representative, or of both.

Article 303. [ Hearing of parties] The court first interrogating the parties without receiving the pledge. If such a hearing does not display the facts sufficiently, the court may question one of the parties at its choice, after having received a pledge from that party. Hearing one of the parties to a certain fact with the receipt of a pledge from that party does not exclude such a hearing from the other party as to a different fact.

Article 304. [ Page instructions] Before proceeding to the hearing, the court shall warn the parties that they are obliged to testify the truth and that, according to the circumstances, they may be heard again upon receipt of the pledge from them. Before receiving a pledge, the court shall warn the party of criminal responsibility for making false statements. In addition, the provisions on witnesses, with the exception of the provisions on coercive measures, shall apply mutatis mutandis to the hearing of the parties and to the lodging of a

Division 7

Other evidence

Article 305. [ Collaborative blood test] The court may allow evidence from a group blood test.

Article 306. [ Consent of study] Collection of blood for the purpose of its examination may occur only with the consent of the person whose blood is to be collected, and if the person has not completed thirteen years or is incapacitated completely, with the consent of her statutory representative.

Article 307. [ Carrying out evidence, report] § 1. In order to provide evidence of a collaborative blood test, the court shall ask the expert to collect blood, examine it and report the results of the examination together with the final opinion.

§ 2. The report of the group blood test shall state whether the identity of the persons whose blood has been collected has been duly verified and the manner in which the test is carried out. The report should be signed by the person who carried out the test and, if the blood was taken by another person, the blood collection should be identified by the signature of the report.

§ 3. Taking the blood and sending it to the institute, as referred to in art. 290, it may be ordered by the expert of the parties or the seat of the court.

Article 308. [ Evidence of documents containing a record of image, sound or image and sound] Evidence from other documents than those referred to in Article 243 1 , in particular the recording of the image, sound or image and sound, the court shall carry out, mutatis mutandis, the rules on the evidence of visual inspection and of the evidence in respect of documents.

Article 309. [ Other means of evidence] The method of carrying out the proof of other means of proof than those mentioned in the preceding Articles shall be determined by the court in accordance with their nature by applying the rules of evidence as appropriate.

Chapter 3

Security of evidence

Article 310. [ Purpose of security] Prior to the initiation of the proceedings at the request and in the course of proceedings also of its own motion, proof may be secured where there is a fear that it will become unenforceable or too difficult, or where there is a need for other reasons to establish that the existing state of affairs.

Article 311. [ Court Property] The application for security of proof shall be lodged with the court competent for the examination of the case and, in cases of urgency, or where the proceedings have not yet been initiated, in the district court in which the evidence is to be carried out.

Article 312. [ Application content] The application shall include:

1) the designation of the applicant and the adversary and other persons concerned, if known;

2) an indication of the facts and evidence;

3) the reasons justifying the need to secure proof.

Article 313. [ Release of the security] The security of proof may be permitted without the adversary's notice only in cases of urgent urgency, or where the opponent cannot be indicated or where his/her whereabouts are not known.

Article 314. [ Carrying out evidence] The Tribunal shall invite the persons concerned to carry out the proof; however, in the cases of urgency, the carrying out of the evidence may be commenced even before the service of the adversary has been served.

Article 315. [ Deficiencies, Addendum to Conduct] § 1. The parties shall have the right to point to the adjudicatory proceedings of the failure to comply with the security of proof.

§ 2. (repealed)

SECTION IV

Rulings

Chapter 1

Judgments

Division 1

Judgment

Article 316. [ Base] § 1. After the closure of the hearing, the court seised the judgment, taking as a basis the state of affairs existing at the time of the closing of the hearing; in particular, the judgment of the claim does not precluded the fact that it has become due in the course of the case.

§ 2. The settlement should be reopened if the relevant circumstances revealed only after its closure.

Article 317. [ Partial verdict] § 1. The court may issue a partial sentence if it is suitable to resolve only part of the request or some of the requests of the lawsuit; the same applies to the counterclaim.

§ 2. On the same basis, the court may issue a partial sentence, deciding on the whole of the claim of the principal or the counterpart.

Article 318. [ Preliminary verdict] § 1. The court, in recognition of the claim as justified in principle, may give a preliminary ruling only in principle, as to the disputed amount of the request-to order either further trial or postponement of the request.

§ 2. In the event of a further hearing, the judgment as to the amount of the claim, as well as the settlement of costs, may not fall until after the preliminary verdict has been passed.

Article 319. [ Limitation of liability] If the defendant is liable for certain property items, or to the extent of their value, the court may, without mentioning those objects or their values, take into account the claim reserving the defendant the right to call in progress. enforcement proceedings to limit liability.

Article 319 1 . [ Fulfilment of benefits only in foreign currency] If the legal act, the law or the judicial decision which is the source of the obligation shows that the cash benefit can be met only in a foreign currency, the court, having regard to the action, reserves that the fulfilment of the benefit will be in foreign currency only.

Article 320. [ Arrangement for instalments, due date] In particularly justified cases, the court may, in its judgment, lay down the certificate in instalments and, in respect of the issue of immovable property or of emptying of the premises, to set a time limit for the performance of that benefit.

Article 321. [ Subject matter of the judgment] § 1. The Tribunal shall not be able to judge any object which has not been subject to the request, nor shall it be subject to more than a request.

§ 2. (repealed)

Article 322. [ Order of the relevant sum] If, in the case of compensation for damages, the return of unjust enrichment or the benefit of the contract of life of the court of justice, the court finds that a strict proof of the amount of the claim is impossible or very difficult, it may, in the judgment, give rise to the corresponding sum according to his assessment, based on consideration of all the circumstances of the case.

Article 323. [ Bench bench] The judgment may be handed down only by the Judges before which the hearing prior to the direct issue of the judgment has taken place.

Article 324. [ Edition of the judgment] § 1. The court shall issue the judgment after the implicit deliberation of the judges. The deliberations shall include a discussion, a vote on the decision to fall, and the main reasons for the decision, or the justification if it is to be given, and the writing of the operative part of the sentence.

§ 2. The President shall collect the votes of the judges according to their seniority, and the juries according to their age, starting with the youngest, and voting the last one. The rapporteur, if he is appointed, shall vote first. The judgment falls by a majority of votes. The Judge who, by the vote, disagreed with the majority, may, when signing the operative part, declare a separate sentence and shall be obliged to justify it in writing before the reasons are signed. In the event of notification of a separate sentence, no justification shall be given.

§ 3. The sentencing of the judgment shall be signed by the entire court.

§ 4. In proceedings initiated through the teleinformatic system, the judgment may be established in a computerised system and shall bear an electronic signature.

Article 325. [ Operative part] The operative part of the judgment should contain the statement of the court, the judges, the protocol, and the prosecutor, if he participated in the case, the date and place of recognition of the case and the judgment, the statement of the parties and the determination of the subject matter of the case and the decision of the court of page requests.

Article 326. [ Announcement of the judgment] § 1. The announcement of the judgment should take place at a meeting on which the hearing is closed. However, in the case of a failed court, it may postpone the announcement of the sentence only once in a period of up to two weeks In the order of postponement, the court should set a time limit for declaring the judgment and declare it immediately after the closure of the hearing.

§ 2. The announcement of the judgment shall be held in open court. The absence of the parties does not hold the announcement. If the notice was postponed, it may be made by the chairman or the Judge-Rapporteur himself.

§ 3. The proclamation of the judgment shall be made by reading the operative part (the declaration of the operative part). After the statement of the operative part, the President or the Judge-Rapporteur shall give orally the reasons for the decision or make a statement of reasons, but may not, however, if the case was identified by a closed door.

Article 327. [ Page instructions] § 1. A party acting without a lawyer, a legal adviser, a patent ombudsman or a Councillor of the Prosecutor General of the Treasury, who is present at the time of publication of the judgment, shall give guidance on the manner and time limits for bringing the measure in question. Where the replacement of the parties by lawyers is compulsory, the party concerned shall be advised of the content of the rules on compulsory replacement and of the consequences of failure to comply with those provisions.

§ 2. A party acting without a lawyer, legal counsel or a patent ombudsman who, as a result of imprisonment, was not present at the time of publication of the sentence, the court of office within a week of the date of the judgment of the judgment shall be delivered by a copy of his sentence, with the instruction the date and the manner in which the appeal is lodged.

Article 328. [ Drafting of the judgment] § 1. The statement of reasons for the judgment shall be made in writing, at the request of the party, to serve the judgment, with the grounds for which it is notified within a period of one week from the date of publication of the operative part, and in the cases referred to in 327 § 2 and art. 331 § 1 1 -from the date of service of the operative part. The application of the late court rejects in an implicit meeting. The judgment of the Court of First Tribunal shall also draw up a statement of reasons for the judgment, even if the judgment was appealed within the time limit and when the action was brought against the legality of the final judgment, unless the reasons for the statement of reasons were given.

§ 1 1 . If the course of a meeting is perpetuated by means of a sound recording device or an image and sound, the justification may be given after the announcement of the operative part of the judgment and perpetuated by means of that device, as the President shall warn against the the statement of reasons. In the event of a statement of reasons at the meeting, there shall be no separate substantive reasons for the decision.

§ 2. The reasons for the judgment should contain an indication of the basis of the factual settlement, namely: the determination of the facts which the court found to be proved, the evidence on which it was based, and the reasons why other evidence refused to be credible and effective evidence, and an explanation of the legal basis of the judgment, with the provisions of the law.

Article 329. [ Term] A written statement of reasons for a judgment or a transcript of a statement of reasons shall be drawn up within a period of two weeks from the date of notification of the application for delivery of the judgment and the reasons for it, and, where such a request has not been notified, from the date of appeal of the judgment or the lodging of a complaint against the law of final judgment. In the case of the hinged, in the event of impossibility to make a written statement of reasons within the time limit, the President of the Tribunal may extend that period for a period of time marked, not longer than thirty days.

Article 330. [ Signature of the statement of reasons] § 1. In cases settled in the composition of three professional judges, the reasons for the judgment shall be signed by the Judges who participated in the judgment. If any of the Judges cannot sign the statement of reasons, the chairman or the oldest serving of the judge shall indicate the reason for the absence of the signature on the judgment.

§ 2. The reasons for the judgment in the case to be recognized with the participation of jurors shall be signed only by In the event of a separate statement of reasons for the judgment, the President shall be signed with the jurors.

Article 331. [ Notification of the judgment] § 1. The judgment with a statement of reasons shall be served only on the party who has requested the delivery of the judgment with the reasons for the decision.

§ 1 1 The judgment delivered at a sitting of an implicit court of the office shall be served by the parties. The party acting without a lawyer, legal counsel, patent ombudsman or Councillor of the Prosecutor General of the Treasury shall be informed of the manner and time limits for bringing the measure to appeal.

(2) If reasons have been given at the meeting, the party which, within a period of one week from the date of the publication of the operative part, and in the case referred to in Article 4, shall be submitted by the Commission. 327 § 2-from the date of service of the operative part of the operative part, the application for the delivery of the sentence has been notified by the sentence, accompanied by a transcript of the statement of reasons. The application of the late court rejects in an implicit meeting. Service of the judgment with the transcript of the statement of reasons is tantamount to the service of the judgment with a statement of reasons.

Article 332. [ Power of the judgment] § 1. The Tribunal shall be bound by the judgment in question from the time of its publication. The judgment delivered in an implicit meeting shall be binding on the court from the time of signing the operative part

(2) However, in the event of a lawsuit being withdrawn before the judgment is entitled and before it is challenged, with the simultaneous renunciation of the claim and, with the consent of the defendant, without such a waiver, the court of first instance shall set aside the judgment and the judgment of the Court of First Instance and the proceedings in respect of the uman, if it considers that such withdrawal is admissible. The order of the court on this subject may be issued in an implicit meeting.

Division 2

Immediate enforceability of the judgments

Article 333. [ Grounds for Immediate Feasibility of Feasibility] § 1. The court of its own motion shall give the judgment upon its issuance of an immediate enforceability, if:

1. shall cover the maintenance of the instalments of the instalments after the date of lodging of the action and, in respect of the instalments, before the lodging of the claim for a period of not more than three months;

2) satisfy the claim recognised by the defendant;

(3) the judgment taking into account the action shall be taken into account.

(2) The Court of First Instance may give the judgment in its judgment the immediate enforceability if it is based on a vex, cheque, warrants, reverse, authentic instrument or private document, the veracity of which has not been denied, and take into account the claim of infringement.

§ 3. The court may also, on application, grant an enforceable judgment to an enforceable judgment if the delay prevented or significantly impedes the execution of the judgment or jeopardises the cause of the damage.

Article 334. [ Security] § 1. The court may make the immediate enforceability of the judgment subject to the lodging of a security by the plaintier.

§ 2. The security may also consist of the cessation of the issue of the claimant's received items or sums of money after they have been enforced, or on the cessation of the sale of the occupied movable property.

§ 3. The sale or transfer to the property of a seized property shall be held from office until the judgment is entitled to become eligible.

§ 4. The security shall not be managed in respect of a maintenance claim within the limits in which the court gives the judgment to the court which has the duty of immediate enforceability of its own motion.

Article 335. [ Prohibition of ruling] § 1. The immediate enforceability shall not be ruled by any security if, as a result of the execution of the judgment, it could result in the defendant's unrestrained damage. That provision shall not apply to judgments in respect of alimony, within the limits in which the court gives the judgment of immediate enforceability of the rigor.

§ 2. Immediately enforceability shall not be ruled even for security in cases against the State Treasury.

Article 336. [ Obligation] The rigor of immediate enforceability shall apply from the time when the judgment or the order to which it was given is declared and when the notice has not been given, from the time the operative part of the decision is signed.

Article 337. [ Termination] The immediate enforceability of the judgment shall expire on the date of publication and, if there is no notice, on the signature of the operative part of the decision amending or repealing the judgment or order for immediate enforceability of the judgment, to the extent that change or repeal.

Article 338. [ Termination of the proceedings] § 1. By repealing or amending the judgment to which the immediate enforceability of the rigor is granted, the court shall, at the request of the defendant, adjudicate in the decision terminating the proceedings for reimbursement of the fulfilled or enforced benefit or reinstatement of the previous condition.

§ 2. The provision of the preceding paragraph does not exclude the possibility of an investigation in a separate process of compensation for the damage suffered as a result of the enforcement

Division 3

Ocular judgments

Article 339. [ Indications] § 1. If the defendant has not held a meeting appointed for trial or if he does not attend the hearing, the court shall issue a judgment in abscont.

§ 2. In that case, the plaintiff is deemed to be true to the plaintiff of the facts cited in the lawsuit, or in the pleadings of the defendant before the hearing, unless they raise a reasonable doubt or have been referred to in the Workaround.

§ 3. (repealed)

Article 340. [ Absence of the defendant] The sentence handed down in the absence of the defendant shall not be overlooked if the defendant has requested the hearing in his absence or has already submitted an oral or written explanation.

Article 341. [ Judgment in absconn] In the event of an uncertain service of proof of service on the day of the hearing, the court may, within the next two weeks, give an implicit judgment in the event if it has received proof of service at that time. That judgment shall be binding on the court from the time the operative part is

Article 342. [ Grounds of judgment] The judgment of the court of justice shall give reasons when the action was dismissed in whole or in part, and the plaintiple requested the reasons within one week of the delivery of the judgment, or if the reason for which he had not requested such an appeal lodged an appeal within the prescribed time limit.

Article 343. [ Notification of the judgment] The judgments of the Court of Appeal shall be served on the both parties with an indication of the remedies available to them. The defendant shall also be instructed on the content of the art. The second sentence of Article 344 (2)

Article 343 1 . [ Repeal of judgment] If, after the judgment has been delivered, it appears that the defendant was not in a judicial capacity, capacity or body of representation at the time of the filing of the action, and those deficiencies had not been remedied within the prescribed time limit, the the provisions of the Code, the court of office shall repeal the judgment in absences and issue an appropriate order.

Article 344. [ Lodging of opposition] § 1. The defendant, against whom he has been verdict in absences, may object within two weeks of the service of his sentence.

§ 2. In the statement of opposition, the defendant should refer to the pleas in law which, under the rigour of their loss, must be declared before being in dispute as to the substance of the case, as well as factual circumstances and evidence. The court overlooks the late claims and evidence, unless the party is arguing that it did not report them in opposition without his fault or that taking into account late claims and evidence would not result in a delay in the recognition of the case or that there are other exceptional cases circumstances.

§ 3. An objection lodged after the date and the statement of opposition which has not been completed by the party concerned within the prescribed period and the opposition unpaid shall be rejected by the court in an implicit meeting.

Article 345. [ Designation of the hearing] If the objection has been lodged correctly, the President shall fix the time limit for the hearing and shall administer the opposition to the plaintiver.

Article 346. [ Reasons for the suspension] § 1. At the request of the defendant, the court shall suspend the immediate enforceability of the judgment in absentia where that judgment has been issued in breach of the provisions on the admissibility of its issue, or if the defendant is prima facie evidence that his failure to do so was unfolded, and the circumstances put forward in opposition to the doubts as to the merits of the judgment of the oething. By suspending the enforceability of the judgment, the court may order the security measures in accordance with the pre-existing branch.

§ 2. An application for suspension of immediate enforceability of the court may be settled by an implicit meeting.

Article 347. [ Refact-finding] After rejecting the case, the court shall issue a judgment which shall be held in full or in part by the judgment of the court in full or in force or shall be waived and adjudicated on the request of the lawsuit, or the lawsuit shall be rejected or the proceedings shall be rejected. Article Recipe 332 § 2 shall apply mutatis mutandis.

Article 348. [ Expedition expenses] The costs of the trial and opposition shall be borne by the defendant, even if the judgment of the defendant is subsequently annulled, unless the defendant's failure to do so was unwrapped or that the act was not attached to the court before the hearing of the defendant's explanations.

Article 349. [ Withdrawal of opposition] § 1. In the event of withdrawal of the opposition, the court shall, if it considers that the withdrawal is admissible, cancel the proceedings as a result of the opposition and shall rule on the costs as at the revocation of the action. The judgment of the absent becomes final at that time.

§ 2. Article Recipe 203 § 4 shall apply mutatis mutandis.

Division 4

Corrigendum, addendum and interpretation of judgments

Article 350. [ Corrigendum] § 1. The court may rectify the court in its judgment of inaccuracies, clerical errors or accounting errors or other obvious errors.

(2) A corrigendum may be decided by a court in an implicit meeting; it shall be referred to the original of the judgment and, at the request of the parties, also on the request of the parties on their written pleadings. Further copies and extracts shall be redacted in the wording which takes into account the provisions on corrigenment.

§ 3. If the case is pending before the court of second instance, that court may, by its own motion, rectify the judgment of the first instance.

Article 351. [ Addendum request] § 1. The party may, within two weeks of the publication of the judgment, and when the delivery of the judgment takes place from the office, from its service, to submit an application for a supplement to the judgment, if the court did not rule on the whole of the request, either for immediate enforceability or not to be included in the judgment. the judgment of the additional judgment, which, according to the provisions of the law, should have been replaced by

§ 2. The application to supplement the judgment as to the reimbursement of costs or immediate enforceability of the court may recognize in an implicit meeting.

§ 3. The decision supplementing the judgment shall be handed down in the form of a judgment, unless the addendum concerns only costs or immediate enforceability.

Article 352. [ Exponents] The judgment which delivered the judgment shall give a decision on its contents. A decision on the matter may be issued by the court in an implicit meeting.

Article 353. [ Conclusion] The application for rectification, replenishment or interpretation of the judgment shall not affect the course of the time limit for bringing the measure to appeal.

Chapter 1a

Payment warrants

Article 353 1 . [ Resolutions in the form of a payment order] § 1. If the special provision so provides, the court shall decide on the issue by issuing a payment order.

§ 2. (repealed)

Article 353 2 . [ Application of judgments] Orders for payment shall be applied mutatis mutandis where the Code does not provide otherwise.

Chapter 2

Court orders

Article 354. [ Issuance of provisions] If the Code does not provide for a judgment or order for payment, the court shall issue a provision.

Article 355. [ Restoration of remission] § 1. The Tribunal shall issue an order for the remission of proceedings if the reason has been withdrawn with the legal effect of the lawsuit, or if the judgment has been made redundant or inadmissible for other reasons.

§ 2. The decision to discontinue the proceedings may fall in an implicit session if the reason has been withdrawn by the legal effect of the lawsuit either in the procedural document or when the parties have entered into a settlement before the mediator approved by the court.

Article 356. [ Form of certain provisions] The resolutions contained in the provisions of the endless proceedings in the case, issued in public meetings, shall be entered in the minutes without the writing of a separate operative part, if the complaint is not valid.

Article 357. [ Justification of the order, service] § 1. The provisions announced in an open court shall be valid only if they are subject to challenge, and only on request of the parties which have been notified within a period of a week from the date of notification of the order. Those provisions shall be served only on that party which has requested the justification and the service of the order to be served on the grounds.

§ 2. Provisions issued in an implicit meeting shall be served by the court of both parties, unless the special provision provides otherwise. When the party is entitled to appeal, the order must be served with a reasoned order; service of the order must be served by the party in the case without a lawyer, legal counsel, patent ombudsman or Councillor of the Prosecutor General of the Treasury. The State on the admissibility, the time limit and the manner in which the appeal is lodged

§ 3. The reasons referred to in the preceding paragraphs shall be drawn up within a week from the date of issue of the decision in the secret meeting. If the order was issued in an open court, the weekly period shall be counted from the date on which it was requested and, where such a request was not made, from the day on which the complaint was lodged.

§ 4. Provisions which relate exclusively to other persons (witness, expert, third party), shall not be served on the parties; persons whose provisions concern them shall be served only if they have not been present at the meeting in which the provisions of the provisions of the have been issued.

Article 358. [ Binding force] An order issued in an implicit meeting shall be binding on the court from the time when it was signed together with the reasons for it, and if the court of order does not justify it, from the date of the signature of the operative part.

Article 359. [ Repeal and amendment of provisions] § 1. The provisions of the endless proceedings in the case may be waived and amended as a result of the change in the circumstances of the case, even if they have been challenged and even legally valid.

§ 2. The provisions referred to in § 1 may be amended or repealed also if they have been issued on the basis of a normative act recognized by the Constitutional Court to be incompatible with the Constitution, ratified by an international agreement or with a law.

Article 360. [ Effectiveness of provisions] The provisions shall take effect in such a way and as is apparent from their content, at the time of the announcement, and if the notice is not, at the time of the signing of the operative part.

Article 361. [ Application of judgments] The provisions of the judgments shall apply mutatis mutandis where the Code does not provide otherwise.

Article 362. [ Governing Board of the Chairperson] The provisions of this Chapter shall apply mutatis mutandis to the President's orders.

Article 362 1 . [ Provisions of the court referendary] The provisions on the provisions of the court shall apply mutatis mutandis to the provisions of the court referendary.

Chapter 3

Legitimacy of decisions

Article 363. [ Conditions of legitimacy] § 1. The decision of the court shall become final if it is not entitled to an appeal or any other remedy.

§ 2. In spite of the inadmissibility of a separate challenge, no final judgment shall be made subject to the recognition by the court of the second instance, where that court recognizes the case in which it was issued.

§ 3. If only part of the decision is challenged, it shall become final in part of the remainder of the time limit to be contested, unless the court of second instance may, on its own motion, recognise the case in that part.

Article 364. [ Statement of legitimacy] § 1. The lawfulness of the decision shall be stated at the request of the party to the court of first instance at the classified session, and as long as the case files are in the court of second instance-this court. The judgment shall be determined by a single court.

§ 2. The provisions in the case referred to in § 1 may also issue a court referendary.

Article 365. [ Binding force of the decision] § 1. The final judgment shall be binding on not only the parties and the court which issued it, but also the other courts and other public authorities and public administration bodies, and other persons in the cases referred to in the law.

§ 2. The Code of Criminal Procedure determines the extent to which the civil court rulings do not bind the court in criminal proceedings.

Article 366. [ Reasons of judgement] The judgment of the Court of Law has the dignity of judgment only as to what has been the subject of the dispute and, moreover, only between the same parties.

CHAPTER V

Remedies

Chapter 1

Appeal

Article 367. [ Challenge of judgments] § 1. The judgment of the court of first instance shall be entitled to appeal to the court of second instance.

§ 2. The appeal against the judgment of the district court recognizes the district court, and from the judgment of the district court as the first instance-the appeals court.

§ 3. The case shall be heard in the composition of three professional judges. The provisions relating to the evidentiary procedure in an implicit meeting shall be issued by a single Judge.

§ 4. Order granting and withdrawing exemption from judicial costs, refusal of exemption, rejection of a request for exemption and imposing on the party the obligation to pay the costs and the sentence for the fine, as well as the provision of establishment, the revocation of the establishment, the rejection of an application for the establishment of a lawyer and a conviction for a fine and the imposition of a remuneration on the party to pay their remuneration, may give an implicit meeting in the composition of a single Judge.

Article 368. [ Appeals Content] § 1. The appeal should make the requirements laid down for the pleading and, moreover, include:

1) the designation of the judgment from which it is lodged, indicating whether or not it is contested in whole or in part;

2. concise statement of objections;

3) justification of the allegations;

4) the appointment, if necessary, of new facts and evidence, and to show that their appointment in the proceedings before the court of first instance was not possible or that the need to invoke it resulted in a later;

5) an application for a change or waiver of the judgment with an indication of the scope of the desired change or repeal.

§ 2. In matters of property rights, the value of the subject of appeal shall be determined. This value may be marked up to an amount higher than the value of the subjectmatter of the dispute indicated in the lawsuit only if the plaintiv extended the claim or the court ruled over the request. The provisions of Article 4 Paragraphs 19 to 24 and 25 (1) shall apply mutatis mutandis.

Article 369. [ Date of contribution] § 1. The appeal shall be brought before the court which delivered the judgment under appeal, within a period of two weeks from the date on which the judgment of the applicant was served on the grounds of the statement of reasons.

(2) If the party has not submitted an application for delivery of the judgment with a reasoned order within a period of one week from the date of publication of the operative part of the operative part, the time limit for bringing an appeal shall run from the date on which the time limit for filing such an application has expired.

§ 3. The time limit referred to in paragraphs 1 and 2 shall also be deemed to have been retained if, before the expiry of that period, the party brought an appeal to the court of second instance. In such a case, the court shall immediately send an appeal to the court which delivered the judgment under appeal.

Article 370. [ Rejection] The court of first instance shall reject, at a meeting, an implicit appeal lodged after the expiry of the prescribed period, unpaid or for any other reason not inadmissible, as well as an appeal which has not been completed by the deficiencies of the party within the prescribed period.

Article 370 1 . (lost power)

Article 371. [ Non-immediate presentation of the file] After serving the appeal of the opposing party, the court of first instance shall present the case file to the court of second instance without delay.

Article 372. [ Response to appeals] The opposing party may, within two weeks of the date of service of the appeal, bring an appeal to the Court of First Instance against the Court of First Instance.

Article 373. [ Rejection of appeals] The court of second instance shall reject an appeal at its meeting if it has been rejected by the court of first instance. If there are deficiencies in which the party has not been requested to remove it, it shall request the removal of the party. In the event of failure to remedy the deficiencies within the prescribed period, the appeal shall be rejected.

Article 374. [ Validity of proceedings] The court of second instance may identify the case in an implicit meeting in the event of the withdrawal of the application, the withdrawal of the appeal, or if the proceedings are not valid.

Article 375. [ Designation of the hearing] In addition to the cases referred to in the two articles preceding the court of second instance, the court shall determine the hearing.

Article 376. [ Non-betting parties] The hearing before the court of the second instance shall take place irrespective of the non-instability of one or both parties. The sentence handed down is not overlooked.

Article 377. [ Report of the Judge] After the issue of the case, the hearing starts with the report of the judge, which succinates the state of the case with particular attention to the allegations and the appellate's conclusions. The Tribunal may resign from the report with the consent of the present parties or in the event of their failure to do so, unless the hearing takes place with the participation of the public.

Article 378. [ Appeals boundaries] § 1. The court of second instance shall recognise the case within the limits of the appeal; however, within the limits of the appeal, the court shall take the matter before the proceedings.

§ 2. Within the limits of the contested decision, the court of second instance may, on its own initiative, recognise the case also for the benefit of the co-authors, who have not challenged the judgment where the contested rights or obligations are common to them. These co-authors are to be notified of the hearing; they may submit preparatory letters.

Article 379. [ Grounds for annulment of proceedings] The validity of the proceedings shall be:

(1) if the judicial route was inadmissible;

2) if the party had no judicial or procedural capacity, the body appointed to represent it, or a statutory representative, or where the representative of the party was not duly empowered;

(3) if the same claim between the same parties is pending or if such a case has already been adjudicated by a final judgment;

4) if the composition of the court adjudicating was contrary to the provisions of the law or if, in the recognition of the case, the judge was taken down by the law of the law;

5. if the party has been deprived of the defence of his rights;

6) if the district court has ruled in a case in which the district court is competent regardless of the value of the subject matter of the dispute.

Article 380. [ Proceedings not contested] The court of second instance, at the request of the party, shall also recognise those provisions of the court of first instance which were not subject to appeal by complaint and have had an impact on the outcome of the case.

Article 381. [ Omitted new facts and evidence] The court of second instance may omit the new facts and evidence if the party may have invoked them in the proceedings before the court of first instance, unless the need to invoke the proceedings resulted in a later decision.

Article 382. [ Adjudication] The court of second instance shall adjudicate on the basis of the material collected in the proceedings at first instance and in the appeal proceedings.

Article 383. [ Request Range] In the appeal proceedings, the claim may not be extended to the claim or be subject to new claims. However, in the event of a change, circumstances may be requested instead of the original subject-matter of the dispute or of any other subject matter and, in the case of a recurring benefit, a claim for a claim for further periods may be extended to the claim.

Article 384. [ Inability to adjudicate to the disadvantage] The Tribunal may not waive or alter the judgment in favour of the appellant's party, unless the opposing party has also appealed.

Article 385. [ Appeal dismissed] The court of second instance shall dismiss the appeal if it is unfounded.

Article 386. [ Adjudication of the Court of Appeal] § 1. If the appeal is taken into account, the court of the second instance shall amend the judgment under appeal and rule on the merits of the case.

§ 2. In the event of an annulment of the proceedings, the court of the second instance shall annul the judgment under appeal, abolitinitiate the proceedings in respect of the unexpired and shall refer the matter to the court of first instance for

§ 3. If the lawsuit is rejected or there is a basis for remission of the proceedings, the court of second instance shall quash the judgment and reject the lawsuit or proceedings.

§ 4. In addition to the cases referred to in paragraphs 2 and 3, the court of second instance may annul the judgment under appeal and refer the case back to the Court of First Instance only in the event that the court of first instance is not aware of the substance of the case or where the judgment requires evidence of legal proceedings in its entirety.

§ 5. In the event of the annulment of the judgment and the retrial of the case, the court shall recognise it in a different composition.

§ 6. The legal assessment and the indications as to the further proceedings expressed in the grounds of the judgment of the court of second instance shall be bound by both the court to which the case was referred and the court of second instance in rerecognition of the case. This is not the case, however, when there is a change in the legal status.

Article 387. [ Grounds of judgment] § 1. The court of second instance justifies the judgment and the decision to terminate the proceedings in the case. In cases where an appeal is dismissed or the judgment under appeal has been amended, a written statement of reasons shall be made only if the party has requested the delivery of the judgment with the reasons for its decision.

§ 2. A written statement of reasons or a transcript of the statement of reasons shall be made within two weeks of the date of the announcement of the operative part of the decision. If the notice was not, the time limit shall be counted from the date of the decision. Where an appeal is dismissed or the judgment under appeal has been amended, the written statement of reasons or the transcript of the reasoned statement shall be made within two weeks of the date on which the application for delivery of the judgment has been lodged with the reasons for the application.

§ 2 1 . If the court of second instance did not carry out the proceedings of evidence or alter the findings of the factual court of first instance, and the appeal did not refer to the allegations concerning those findings, the grounds for the judgment may contain only an explanation the legal basis of the judgment with the application of the law.

§ 3. A statement of reasons shall be served on that party which, within a period of a week from the date of the operative part of the operative part, notified the request for service of the decision. The provisions of Article 4 327 § 2 and art. 331 § 2 shall apply mutatis mutandis. If the notice has not been made, the statement of reasons shall be served on the parties to the public office within a period of a week from the date on which the reasons for

§ 4. Where a statement of reasons has not been drawn up and a cassation or action is brought in the case for a declaration of incompatibility with the law of final decision, the court of second instance shall draw up the reasons for the decision under appeal within two months. weeks from the date of lodging the complaint.

Article 387 1 . [ Notice of change of residence] Where the court of second instance gives an instance of the decision to which the cassation is entitled, the parties and their representatives must, until the time limit for lodging a cassation application, notify the court of the second instance of any change place of residence.

Article 388. [ Hold of the enforcement of the contested decision] § 1. In the event of a cassation lodged, if the decision of the party may have been inflicted on unclaimed damage as a result of the execution of the decision, the court of second instance may suspend the execution of the judgment under appeal pending the completion of the cassation procedure, or make the execution of that decision subject to the application of that decision and, if the appeal is dismissed, the decision of the court of first instance shall also be dismissed, from the lodging of the corresponding security. The order may be issued at an implicit meeting.

§ 2. The security may also consist in the cessation of the issuance of the monetary grounds after its enforcement from the defendant or on the withholding of the sale of the claimed assets.

§ 3. Until the expiry of the time limit for lodging a cassation complaint, the office shall withhold the sale of the property.

§ 4. Article 1 (1) shall apply mutatis mutandis to the cessation of the effectiveness of the contested decision of non-execution.

Article 389. [ Reimbursement of court records] After the expiry of the time limit to challenge the judgment given, the court of second instance shall return the file to the court of first instance.

Article 390. [ Legal issue] § 1. If, in the recognition of the appeal, a legal question arises which raises serious doubts, the court may present this issue to the Supreme Court, and shall postpone the recognition of the case. The Supreme Court is to seize the case for recognition or to convey a question to the enlarged composition of the Tribunal.

§ 2. The resolution of the Supreme Court adjudicating the legal issue shall be binding in a given case.

Article 391. [ Application of the provisions on proceedings before the court of first instance] § 1. If there are no special provisions on the proceedings before the court of second instance, the provisions of the proceedings before the court of first instance shall be applicable to that proceedings. The provisions of Article 4 194-196 and 198 do not apply.

§ 2. In the event of the withdrawal of the appeal, the court of the second instance shall cancel the appeal proceedings and shall rule on the costs as at the revocation of the application. When the withdrawal of the appeal was brought before the court of first instance, the proceedings of the court of first instance shall be terminated.

Chapter 1 1

(repealed)

Article 392. (repealed)

Article 392 1 . (repealed)

Article 393. (repealed)

Article 393 1 . (repealed)

Article 393 2 . (repealed)

Article 393 3 . (repealed)

Article 393 4 . (repealed)

Article 393 5 . (repealed)

Article 393 6 . (repealed)

Article 393 7 . (repealed)

Article 393 8 . (repealed)

Article 393 9 . (repealed)

Article 393 10 . (repealed)

Article 393 11 . (repealed)

Article 393 12 . (repealed)

Article 393 13 . (repealed)

Article 393 14 . (repealed)

Article 393 15 . (repealed)

Article 393 16 . (repealed)

Article 393 17 . (repealed)

Article 393 18 . (repealed)

Article 393 19 . (repealed)

Article 393 20 . (repealed)

Chapter 2

Complaint

Article 394. [ Provisions to challenge the griesion] § 1. The complaint to the court of second instance shall be entitled to the provisions of the court of first instance terminating the proceedings in the case and, moreover, on the provisions of the court of first instance and the order of the chairman, the subject of which shall be:

1) the return of the lawsuit, refusal to reject the application, the transfer of the case to the equivalent or lower court or the taking of the proceedings in another mode;

2) refusal of the exemption from judicial costs or the withdrawal of such exemption and refusal to establish a lawyer or legal counsel or their appeal;

(3) dismiss the opposition against the intervening of the intervener and prevent the intervener from taking part in the case of opposition;

4) the rigor of immediate enforceability;

4 1 ) to suspend the execution of a final decision pending the resolution of the application for reopening of proceedings;

4 2 ) a declaration of legitimacy of the decision;

5) sentencing the witness, the expert, the parties, her representative and the third party for the fine, the order of forcible custody and the arrest of the witness, and the refusal to release the witness and the expert from the fine and witness from the forced sling;

6) suspension of proceedings and refusal to take suspended proceedings;

7) refusing to justify the decision and its service;

(8) a corrigendum or interpretation of the decision or refusal of the decision;

9) reimbursement of costs, determination of the rules for the payment by the parties of the costs of the process, the dimension of the fee, reimbursement of the fee or advance, the burden on the court costs, if the party does not submit the remedy to the substance of the case, the costs awarded in the order for payment, reimbursement the cost of the unpaid legal aid granted ex officie and the remuneration of the expert, the mediator and the witness's receivables;

10. dismiss the request to exclude the judge;

10 1 ) approval of a settlement concluded before the mediator;

11) rejection of the complaint;

12) rejection of the complaint against the ruling of the court referendary.

§ 2. The term to lodge a complaint shall be weekly and shall count on the service of the order, and if the party has not requested within the time prescribed for the service to be served on the hearing, from the announcement of the order.

§ 3. The complaint must be made to the requirements prescribed for the pleading, and shall include an indication of the order under appeal and the application for amendment or repeal, as well as a concise statement of reasons for the complaint with an indication, where necessary, of new facts. and evidence.

Article 394 1 . [ The 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 cassation appeal and by order of the court of second or first instance rejecting the application for a declaration of incompatibility with the law of final judgment.

§ 1 1 The complaint to the Supreme Court is also entitled to the Court of First Instance's annulment of the judgment of the Court of First Instance and the referral of the case back to the Court of First Instance.

§ 2. [ 3] In cases where there is a cassation complaint, the complaint shall also be entitled to the order of the court of second instance terminating the proceedings, with the exception of the provisions referred to in Article 4. 398 1 , as well as the provisions of the Court of First Instance's recognition of the complaint against the decision of the court of first instance.

§ 3. The proceedings before the Supreme Court which are pending as a result of a complaint shall be applied mutatis mutandis. 394 § 2 and 3, art. 395, art. 397 § 1, art. 398 6 § 3, art. 398 10 , art. 398 14 , art. 398 15 § 1 first sentence, art. 398 16 , art. 398 17 and art. 398 21 .

Article 394 2 . [ The complaint to another equivalent composition of the court of second instance] § 1. In the order of the Court of Second Instance, the object of which is to dismiss the request to exclude a judge, reimbursement of the costs of the trial, reimbursement of the costs of unpaid legal aid granted ex officio, conviction of a witness, expert, party, her representative, and persons the third for the fine, the order of the forced removal and arrest of the witness, the refusal to release the witness and the expert from the fine and the witness from the forced sling shall be entitled to a complaint to another warehouse of the court, except for the provisions issued in the the result of the recognition of the complaint against the order of the court of first instance.

§ 2. In proceedings which are pending as a result of the complaint referred to in paragraph 1, the provisions of Article 1 shall be taken into account. 394 § 2 and 3, art. 395 § 1, art. 396 and art. 397 § 1, 1 1 and the first sentence of paragraph 2 shall apply mutatis mutandis.

Article 395. [ Transmission of complaints] § 1. The case file, together with the complaint of the court of first instance, shall be submitted to the court of the second instance after the service of the opposite party has been served, and in cases where the law provides for the service of the contested decision, only one of the parties and in cases where the decision is made indicated in art. 394 § 1 point 5-immediately after the complaint has been lodged without service of the opposite party. The reply to the complaint may be brought directly to the court of second instance within a period of one week from the date of service of the complaint.

(2) If the complaint alleges that the proceedings are not valid or is, of course, justified, the court which issued the contested decision may, at a sitting in secret, without sending the file to the court of second instance, to repeal the contested decision and to the extent possible the need to identify the matter anew. The provisions of the Rules of Appeal on general principles shall be entitled to redress.

Article 396. [ Hold of the application of the contested decision] The court of first instance may suspend the execution of the order under appeal pending the outcome of the disembarking. Such an order may fall in an implicit meeting.

Article 397. [ Disknowledge of Complaints] § 1. The court of second instance shall recognize the complaint in an implicit meeting.

§ 1 1 ) In proceedings pending as a result of a complaint, the court of second instance shall give its own motion for a decision terminating the proceedings.

§ 2. The provisions on appeal proceedings shall apply mutatis mutandis to the proceedings as a result of the complaint. Recognition of a complaint against an order in respect of a refusal to waiver or to withdraw a waiver, a rejection of a request for exemption and the imposition of costs and sentencing on a party to a fine, refusal to set up the lawyer or legal adviser and the imposition of remuneration on the party's obligation to pay the remuneration of the lawyer to the lawyer established and sentenced to the fine shall be made in the composition of a single Judge.

Article 397 1 . (repealed)

Article 398. [ Governing Board of Governors] The provisions of this chapter shall apply mutatis mutandis to the complaints of the President's order.

Va-va

Cassation complaint

Article 398 1 . [ Lodging of a cassation complaint] § 1. From the judgment of the second instance of the final judgment or order on the rejection of the application or the remission of the proceedings terminating the proceedings on the party, the Attorney General, the Ombudsman or the Ombudsman of the Rights of the Child may bring a cassation complaint to the Supreme Court, unless the special provision provides otherwise.

§ 2. The transfer of the cassation complaint by the party excludes-in the contested extent-the lodging of a cassation complaint by the Attorney General, the Ombudsman or the Ombudsman of the Rights of the Child.

Article 398 2 . [ Complaint inadmissibility of the cassation complaint § 1. The cassation complaint is inadmissible in matters of property rights, in which the value of the subject of the appeal is less than fifty thousand zlotys, and in matters of labour law and social security-lower than ten thousand zlotys. However, in social security matters, the appeal shall be entitled, irrespective of the value of the subjectmatter of the appeal in respect of the award of a pension or of a pension and of the social security obligation, to the person concerned. Irrespective of the value of the subjectmatter of the appeal, the cassation appeal shall also be entitled to compensation for the damage caused by a final decision which is unlawful.

(2) The appeal shall also be inadmissible in respect of the following cases:

1) for divorce, for separation, for alimony, rent or lease, and for infringement;

2. concerning the penalties, certificates of work and claims relating to them, and the deputations or their equivalent;

3. recognised in the simplified procedure.

§ 3. A cassation is inadmissible from the judgment determining the non-existence of a marriage or the annulment of a marriage, if, even if one of the parties after the judgment has been entitled to become a marriage, the marriage is not.

Article 398 3 . [ Cassation Complaint Basis] § 1. A cassation complaint may be based on the following grounds:

1) breach of substantive law by erroneous interpretation or improper use;

2) infringement of the provisions of the proceedings, if the failure to do so could have a material impact on the outcome of the case.

§ 2. The Attorney General may base a cassation complaint on the grounds referred to in § 1, if, by the issue of the decision, there has been a violation of the basic principles of the legal order, the Ombudsman-if by the issuance of the decision has occurred violation of constitutional freedoms or human and citizen rights, and the Spokesperson of the Rights of the Child-if a violation of the rights of the child has been committed by the decision

§ 3. The basis of the cassation complaint shall not be based on the fact that the facts or the evidence is assessed.

Article 398 4 . [ Contents of the cassation complaint] § 1. The cassation complaint shall include:

1) the designation of the decision from which it is lodged, indicating whether it is appealed in whole or in part;

2. citation and justification of the cassation bases;

3) an application for the revocation or repeal and amendment of the decision with the indication of the scope of the requested repeal and amendment.

(2) In addition to the requirements laid down in paragraph 1, the cassation application shall contain a request for recognition and the reasons for it.

§ 3. In addition, the cassation action should be subject to the requirements laid down for the pleading, and the value of the object of the appeal should also be included in the case of property rights. The cassation complaint shall also be accompanied by two copies thereof intended for the Supreme Court's act and for the Attorney General, unless it has lodged the complaint itself.

Article 398 5 . [ Term] § 1. A cassation appeal shall be lodged with the court which issued the judgment under appeal, within two months of the date of service of the decision on the grounds on which the applicant was founded.

§ 2. The term to lodge a cassation complaint by the Attorney General, the Ombudsman and the Ombudsman shall be six months from the date of the decision, and if the party has requested the service of the decision to be served on the basis of a statement of reasons, on service of the decision of the party.

Article 398 6 . [ Rejection of a cassation complaint] § 1. If the cassation complaint does not comply with the requirements laid down in Article 398 4 § 2 or 3, the President in the court of the second instance calls on the complainant to remedy the deficiencies within the weekly period under the rigorous rejection of the complaint.

§ 2. [ 4] The court of second instance shall reject at its meeting an implicit cassation complaint lodged after the expiry of the time limit, a complaint which does not comply with the requirements laid down in the Article. 398 4 § 1, unpaid, and a complaint, the deficiencies of which have not been remeded within the time limit or for other reasons which are inadmissible.

§ 3. [ 5] The Supreme Court rejects the cassation complaint, which was either subject to the rejection by the court of the second instance, or returns it to that court in order to remove the perceived deficiencies.

§ 4. Rejecting a cassation complaint which does not meet the requirements laid down in the Article 398 4 § 1 of the court of second instance or the Supreme Court shall notify the competent authority of the professional self-government to which the proxy belongs.

Article 398 7 . [ Response to the cassation complaint] § 1. The opposing party may bring to the court of second instance the answer to the cassation complaint within a period of two weeks from the service of the complaint. In the event of a complaint lodged by the Attorney General, the Ombudsman or the Ombudsman, the reply to the complaint may be brought by both parties.

§ 2. After the expiry of the time limit for the submission of the reply or after the order of service of the applicant's reply, the court of second instance shall immediately submit the cassation complaint and the answer together with the acts of the case to the Supreme Court. Two copies of the contested decision shall be attached to the case-file.

Article 398 8 . [ Appointment as to the cassation complaint] § 1. In any case, the Supreme Court may ask the Attorney General to address in writing the position as to the cassation complaint brought by the party and the defence. The procurator General or the procurator appointed by him shall state the position within thirty days, and if he considers that this requires the protection of the rule of law, civil rights or public interest, he or she shall take part in the proceedings of cassation.

A copy of the letter referred to in paragraph 1 shall be served on the parties who may respond to it within fourteen days, but not later than at the spot of the cassation.

Article 398 9 . [ Acceptance of a cassation complaint for diagnosis] § 1. The Supreme Court shall accept a cassation complaint for recognition if:

1) there is a significant legal issue in the case;

2) there is a need to interpret legal provisions which raise serious doubts or evoke discrepancies in the case-law of the courts;

3. the proceedings are invalid or

4) the cassation complaint is, of course, justified.

§ 2. Acceptance or refusal to accept a cassation complaint for recognition of the Supreme Court shall adjudicate on an implicit meeting. The order does not require a written statement of reasons [ 6] .

Article 398 10 . [ Disknowledge of the cassation complaint] The Supreme Court recognizes the cassation complaint in the composition of the three judges. In other cases, the Supreme Court shall rule in a single judge.

Article 398 11 . [ Rozprawa] § 1. The Supreme Court recognizes a cassation complaint in an implicit session, unless there is a relevant legal issue, and the complainant filed in the cassation complaint a request for it to be recognized at the hearing. The Supreme Court may also recognize a cassation complaint at the hearing if they speak for that other consideration.

§ 2. The Judge-Rapporteur presents a concise state of affairs at the hearing, with particular reference to the grounds and conclusions of the cassation.

§ 3. When giving the floor to the parties, the President may limit the time of occurrence, according to the gravity and the complexity of the case.

§ 4. If the Procurator General or the Prosecutor's office is involved in the hearing, the President shall give him the floor, after hearing the parties.

Article 398 12 . [ Suspension of proceedings] Except in the case of accidents referred to in Article 173-175 1 , the proceedings before the Supreme Court are suspended only on the basis of a consistent request from the parties.

Article 398 13 . [ Cassation proceedings] § 1. The Supreme Court recognizes the cassation complaint within the limits of the appeal and within the limits of the grounds; however, within the limits of the appeal, it takes the authority under consideration of the annulment of the proceedings.

§ 2. In the cassation proceedings it is not permissible to establish new facts and evidence, and the Supreme Court is bound by the factual findings underlying the contested decision.

§ 3. The complainant may cite a new justification for the cassation grounds.

Article 398 14 . [ Remoteness of a cassation complaint] The Supreme Court shall dismiss a cassation complaint if there is no reasonable basis, or if the contested decision is in spite of the erroneous statement of reasons of law.

Article 398 15 . [ Submission of the case for retrial] § 1. The Supreme Court shall, in the event of a cassation complaint being taken into account, waive the contested decision in whole or in part and shall refer the case back to the court which issued the judgment or to another equivalent court; the Supreme Court may also repeal the judgment in question. all or part of the judgment of the court of first instance and refer the case back to the same or an equivalent court. When rerecognising the case, the provision of Article 4 415 shall apply mutatis mutandis.

§ 2. If the case is referred back to the retrial, the court shall recognise it in a different composition.

Article 398 16 . [ Repeal of the judgment under appeal] If the grounds for infringement of a substantive law are, of course, justified and the complaint is not based either on a breach of the provisions of the proceedings or the grounds on which it has proved to be unjustified, the Supreme Court may, at the request of the applicant, annul the the judgment under appeal and the substance of the case. Article Recipe 415 shall apply mutatis mutandis.

Article 398 17 . [ Deferral of judgment] § 1. If, in the case of the recognition of a cassation complaint, an issue of legal uncertainty emerges, the Supreme Court may postpone the adoption of the decision and refer the matter to the enlarged composition of that Tribunal.

§ 2. The enlarged composition of the Supreme Court is binding in a given case.

§ 3. The Supreme Court in an enlarged composition can take over the case for its recognition.

Article 398 18 . [ Costs] In the event of a cassation complaint lodged by the Attorney General, the Ombudsman or the Ombudsman, the costs of the process in the cassation procedure shall be subject to reciprocal waiver.

Article 398 19 . [ Repeal of judgments] If the lawsuit has been rejected, or if there is a basis for remission of the proceedings, the Supreme Court shall repeal the judgments and shall reject the lawsuit or conduct the proceedings. Article Recipe 415 shall apply mutatis mutandis.

Article 398 20 . [ Exponents of the Supreme Court] The court to which the matter has been referred shall be bound by the interpretation of the law made by the Supreme Court in this case. It is not possible to base a cassation complaint against a decision issued after the case has been rerecognized on grounds which contradict the interpretation of the law made by the Supreme Court in this case.

Article 398 21 . [ Application of appeals provisions] If there are no special provisions on the proceedings before the Supreme Court, the provisions on appeal shall apply mutatis mutandis, except that a cassation appeal may also withdraw the party itself, and the time limit for the statement of reasons for the decision shall be taken. by the Supreme Court is the month.

CHAPTER Vb

Complaint against the ruling of the court referendary

Article 398 22 . [ The complaint against the ruling of the court referendary] § 1. The decision of the referendary of the court on the substance of the case and on the decisions terminating the proceedings, as well as on the decisions referred to in art. 394 § 1 (1), (2), (4) 2 and 5-9, there is a complaint, unless a special provision provides otherwise. The appeal shall be recognised by the court in which the contested decision was issued.

§ 2. In the event of a complaint, the decision of the court referendary shall be repealed

§ 3. The Tribunal shall recognize the case as a court of first instance, unless the special provision provides otherwise.

§ 4. The application shall be lodged with the court within a period of one week from the date of service of the decision of the referendary of the Court of Justice, unless the special provision provides otherwise.

§ 5. The Tribunal shall reject the action brought after the expiry of the prescribed period, unpaid or for any other reasons inadmissible, as well as a complaint, the deficiencies of which have not been completed within the time limit.

Article 398 23 . [ Recognizing a complaint against the referendary's provision] § 1. When recognising a complaint against the decision of the referendary in respect of the judicial costs or the costs of the trial and of the order refusing to establish a lawyer, the court shall issue an order in which the decision of the referendary is challenged. judicial upholds or changes it.

§ 2. In the cases referred to in paragraph 1, the lodging of a complaint against the decision of the referendary of a court shall withhold the enforceability of that decision. The court recognizes a complaint in the composition of one judge, as a court of second instance, applying the regulations on the complaint.

CHAPTER VI

Reopening of the procedure

Article 399. [ Admissibility of resume] § 1. In the cases provided for in the chapter, a reopening of the procedure which has been completed by a final judgment may be requested.

§ 2. On the basis of the provisions referred to in 401 1 the proceedings may also be resumed in the event of termination of the decision.

Article 400. [ Prohibition of resumption] An application for reopening from the judgment of the annulment of a marriage or divorce or establishing the non-existence of a marriage shall be inadmissible if one of the parties has entered into a new marriage certificate after it has been eligible for the decision.

Article 401. [ Reasons for resumption] The resumption of proceedings may be requested for annulment:

1) if in the composition of the court participated a person not entitled or if the judge ruled out of the law, and the party before the verdict of the verdict could not demand the exclusion;

(2) if the party has no judicial or procedural capacity, or has not been duly represented, or has been deprived of the discretion of the law as a result of a breach of the law; however, it may not be required to resume if, before the exercise of the right to exercise, the The inapplicability of the judgment or absence of representation was raised by a plea in law or the party has confirmed the procedural steps taken.

Article 401 1 . [ Resume in case of a TK ruling] The resumption of proceedings may also be requested in the event that the Constitutional Tribunal has ruled on the incompatibility of a normative act with the Constitution, ratified by an international agreement or with the law on the basis of which the ruling was issued.

Article 402. (repealed)

Article 403. [ Grounds for resumption] § 1. Resumption may be requested on the basis that:

1) the judgment has been based on a document counterfeit or reworked or on a convicted criminal sentence, subsequently repealed;

2) the sentence was obtained by means of a crime.

§ 2. It may also be required to resume in the event of a subsequent discovery of a final judgment, relating to the same legal relationship, or to detect such factual circumstances or measures of evidence which might affect the outcome of the case, and of which the party was unable to take advantage of the previous proceedings.

§ 3. (repealed)

§ 4. A reopening may be requested if, on the content of the judgment, the decision of the non-terminating proceedings has been affected by a normative act recognised by the Constitutional Court to be incompatible with the Constitution, ratified by an international agreement or a Act, repealed or amended in accordance with art. 416 1 .

Art. 404. [ Resume due to a crime] In the event of a criminal offence, resumption may be requested only if the act has been established by a final conviction, unless the criminal proceedings cannot be initiated or that it has been redeemed for reasons other than the absence of evidence.

Article 405. [ Court Property] For the resumption of proceedings for the purposes of nullity and on the basis laid down in Article 401 1 Whereas the court which issued the judgment under appeal is competent and, if the judgments of the courts of different instances are challenged, the court of instance of a higher instance is competent A court which has recently ruled on the merits of the case has jurisdiction to resume proceedings on a different basis.

Article 406. [ Application of the provisions on proceedings before the court of first instance] The provisions of the proceedings before the court of first instance shall apply mutatis mutandis to the proceedings of the application for renewal, where the provisions of the following are not otherwise provided for.

Article 407. [ Date of lodging of the complaint] § 1. A renewal complaint shall be lodged within a three-month period; that period shall be calculated from the date on which the party learned the basis of the resumption, and where the basis is the deprivation of the capacity of the action or the absence of due representation, from the date on which the application was made. the judgment has been established by the party, its authority or its statutory representative.

§ 2. In the situation referred to in Article 401 1 The application for renewal shall be lodged within three months of the date of entry into force of the decision of the Constitutional Tribunal. If, at the time of the adoption of the decision of the Constitutional Tribunal, the decision referred to in Article 401 1 It has not yet been final as a result of an appeal which has subsequently been rejected, the date of notification of the decision to reject it, and, in the event of its publication in open court, from the date of notification of that decision.

Article 408. [ Appointment Behavior] [ 7] After the expiry of the five years following the final decision, no renewal may be requested, except where the party has been deprived of the discretion of the party or has not been duly represented.

Article 409. [ Content of the complaint] The application for renewal should be in the light of the conditions of the application and must state the grounds for the decision under appeal, the grounds for resumption and the grounds on which it is based, the circumstances surrounding the time limit for bringing an action and the application for repeal or amendment the judgment under appeal.

Article 410. [ Rejection of the complaint] § 1. The Tribunal shall reject the action brought after the expiry of the prescribed time limit, inadmissible or not based on a statutory basis. The order may be issued at an implicit meeting.

§ 2. At the request of the court, the applicant shall have the right to establish the time limit or the admissibility of the resumption.

Article 411. (repealed)

Article 412. [ Refact-finding] § 1. The court recognizes the matter anew within the limits of the basis of the resumption.

(2) Having regard to the circumstances of the case, the Tribunal shall, in accordance with the circumstances of the case, either dismiss the application for renewal, or take account of it, amend the contested decision or revoke it and, if necessary, reject the decision or the proceedings of the umpire.

§ 3. (repealed)

§ 4. If the Supreme Court is competent to adjudicate on the resumption of the proceedings, the Supreme Court shall only rule on the admissibility of the reopening, and the case shall be communicated to the court of the second instance.

Art. 413. [ Off Judge] A judge whose participation or conduct in the previous trial relates to a complaint shall be excluded from the judgment in the proceedings of the application for renewal.

Article 414. [ Cessation of execution of the judgment] The application of the application for renewal does not include the execution of the judgment under appeal. In the event of prima facie evidence that the applicant is in danger of being uncertain, the court may, at the request of the party, withhold the execution of the judgment unless the opposing party lodges the appropriate security. The order may be issued at an implicit meeting.

Article 415. [ Statement of Return of the Fulfilled Benefit] By repealing or amending the judgment, the court at the request of the applicant in the decision closing the proceedings shall give a ruling on the return of the fulfilled or enforced benefit or the reinstatement of the previous condition. This does not exclude the possibility of an investigation in a separate process, including from the State Treasury, to remedy the damage suffered as a result of the issuance or execution of a judgment.

Art. 416. [ Prohibition of further reopening] § 1. [ 8] A further reopening of the procedure concluded by a final judgment issued as a result of a reopening complaint is not acceptable.

§ 2. Paragraph 1 shall not apply if the application for revision of the procedure is based on the basis of the resumption referred to in Article 1. 401 1 .

Article 416 1 . [ Repeal of provisions] In a case ending with a final judgment, the provisions of non-stop proceedings may be waived if they were issued on the basis of a normative act recognized by the Constitutional Tribunal as not in conformity with the Constitution, ratified by the contract International or with the Law. The provisions on reopening shall apply mutatis mutandis.

CHAPTER VII

(repealed)

Art. 417. (repealed)

Art. 418. (repealed)

Article 419. (repealed)

Article 420. (repealed)

Article 421. (repealed)

Article 422. (repealed)

Art. 423. (repealed)

Art. 424. (repealed)

CHAPTER VIII

Action for a declaration of illegality of a final decision

Article 424 1 . [ Request for finding of illegality of the judgment of the court of second instance terminating the proceedings in the case] § 1. It may be requested that the judgment of the second instance of the final judgment of the Court of First Instance be found not to comply with the law of the Court of First Instance, where the party concerned has suffered damage, and the amendment or repeal of that judgment by means of the party legal measures have not been and are not possible.

§ 2. In exceptional cases, where the illegality is due to a breach of the fundamental principles of the law or constitutional order of freedom or of human and citizen rights, it may also be requested to declare the illegality of the judgment of the Court of First instance. the first or second instance of the termination of proceedings in the case where the party has not exercised its legal remedies, unless it is possible to amend or repeal the judgment by way of other legal remedies available to it.

Article 424 1a . [ Judgments and rulings from which there is no complaint] § 1. From the judgments of the court of second instance, from which the cassation of cassation has been lodged, and on the decisions of the Supreme Court, the action shall not be entitled.

§ 2. The Supreme Court's judgment given as a result of the lodging of a cassation complaint shall be treated as a judgment given in the proceedings caused by the lodging of a complaint.

Article 424 1b . [ Damages for the damage caused by the issuance of a final decision not lawful] In the case of final decisions, from which the application is not entitled, damages for damage caused by the final decision of an unlawful decision may be claimed without a prior finding of non-conformity of the decision. proceedings against a complaint, unless the party has not exercised its legal remedies.

Article 424 2 . [ Lodging of the complaint] In the cases referred to in Article 424 1 a complaint may also be filed by the Attorney General, if the incompatibility of the judgment is due to a breach of the fundamental principles of the legal order, the Ombudsman-if the incompatibility of the sentence is due to a violation of constitutional freedoms or human and citizen rights, or the Ombudsman of the Rights of the Child-if the incompatibility of the sentence is due to the violation of the rights of the child

Article 424 3 . [ Restriction] From the same judgment, a party may bring only one complaint.

Article 424 4 . [ Complaint Basis] The complaint can be based on breaches of substantive law or the provisions of the proceedings, which resulted in incompatibility of the judgment with the law, when, by its issuance of the party, the damage was done. However, the complaint shall not be based on any allegations of fact or of the assessment of evidence.

Article 424 5 . [ Content of the complaint] § 1. The complaint shall include:

1) the designation of the judgment from which it is lodged, indicating whether or not it is contested in whole or in part;

2. citing and justifying its grounds;

(3) an indication of the provision of the law with which the judgment under appeal is incompatible;

(4) a prima facie case of damage caused by the judgment which the application is for;

(5) to demonstrate that the application of the judgment under appeal by other legal remedies was not and is not possible and, in addition, when the action was brought in the application of Article 4 (1) of the EC law. 424 1 § 2-that there is an exceptional case that justifies the lodging of a complaint;

6) an application for a declaration of illegality of the sentence.

§ 2. In addition, the complaint should be subject to the requirements laid down for the pleading. The application shall be accompanied by two copies to the act of the Supreme Court, in addition to its write-offs for the service of persons involved.

Article 424 6 . [ Rejection of the complaint] § 1. The application shall be lodged with the court which delivered the judgment under appeal within two years of the date on which it was entitled to become eligible.

§ 2. In the event that the formal conditions laid down in the Article are not observed. 424 5 § 2, the President calls for correcting or supplementing the complaint.

§ 3. An unpaid complaint, a complaint filed in breach of art. 87 1 § 1 and the complaint, the deficiencies of which have not been removed by the time limit, shall be rejected by the court in an implicit meeting.

Article 424 7 . [ The presentation of the case file to the Supreme Court] After the application has been served on the opposing party, and when the complaint has been lodged by the Attorney General, the Ombudsman or the Ombudsman-both parties, the Tribunal shall file the file of the case without delay to the Supreme Court.

Article 424 8 . [ Rejection of the complaint] § 1. The Supreme Court shall reject, at a sitting of an implicit complaint, if it has been rejected by a lower court of the instance, a complaint lodged after the expiry of the time limit, a complaint which does not comply with the requirements laid down in the Article. 424 5 § 1, as well as the complaint for other reasons not inadmissible.

§ 2. The application shall also be rejected if the amendment of the judgment under appeal by other legal remedies was or is possible, or if there is no exception referred to in Article 3 (1) of the present regulation. 424 1 § 2.

Article 424 9 . [ Refusal to Accept Complaint] The Supreme Court refuses to accept a complaint for recognition if it is manifestly unfounded.

Article 424 10 . [ Recognition of the complaint] The Supreme Court recognizes the complaint within the limits of the appeal and within the limits of the grounds. The complaint shall be recognised in an implicit session, unless valid reasons speak for the setting of the hearing.

Article 424 11 . [ Complaint dismissal] § 1. The Supreme Court dismissed the action in the absence of a basis for a finding that the judgment under appeal is unlawful.

§ 2. In the light of the complaint, the Supreme Court finds that the judgment is unlawful.

§ 3. If, at the time of the ruling, the case was not subject to the case law of the Polish courts or the case was inadmissible, the Supreme Court-stating the incompatibility of the sentence with the law-repeals the judgment under appeal and the judgment of the Court of First Instance of the instance and rejects the lawsuit or rejects the proceedings.

Article 424 12 . [ Application of provisions on cassation application] In cases not covered by the provisions of this chapter, the cassation complaint shall apply mutatis mutandis to proceedings brought about by the application of the action.

TITLE VII

Separate proceedings

SECTION I

Proceedings in matrimonial matters

Chapter 1

General provisions

Art. 425. [ Application of chapter provisions] The provisions of this Chapter shall apply in cases of annulment of a marriage, to the establishment of the existence or non-existence of marriage and of divorce, and of the separation at the request of one of the spouses.

Art. 426. [ Representation] To represent the party, a power of attorney is required to conduct the case.

Article 427. [ Closed-door Meetings] The meetings shall take place at the closed doors, unless both parties demand a public recognition of the case and the court finds that the public does not endanger morality.

Art. 428. [ Non-betting parties] § 1. The hearing takes place regardless of the non-instability of one of the parties. However, in the event of an unjustified failure of the plaintiffs, the plaintiffs appointed for the purpose of the trial shall be suspended, unless the prosecutor supports the request for annulment or the establishment of the existence or non-existence of marriage.

§ 2. The subtracting of proceedings shall take place at the request of the plaintip, but not earlier than three months after the date of suspension of the proceedings. In the event of failure to notify such an application within a year after the suspension, the court will wash the proceedings. The remission shall have the same effect as the waiver of proceedings suspended on the basis of a party's request or because of their failure to do so.

Art. 429. [ Penalty for non-instability] If a party called for a personal appearance does not become unjustifiable for the purposes of the sitting, the court may sentence it to a fine in accordance with the provisions on penalties for the absence of a witness, but shall not order the forced establishment of the witness to the proceedings. court.

Article 430. [ Prohibition of evidence] Minors who have not finished thirteen years, and the relentless parties who have not finished the seventeen years, may not be interviewed as witnesses.

Art. 431. [ Prohibition of resolution] In the cases provided for in the chapter, it is not possible to base the decision only on the recognition of the action or of the granting of the facts. It shall not apply to those cases. § 2.

Art. 432. [ Proof of hearing of the parties] In any case for divorce or for separation, the court shall manage the holding of evidence from the hearing of the parties. In other cases, the court may not refuse to allow such proof if the party has established it. Article 302 (1) shall apply mutatis mutandis.

Article 433. [ Protocol of the hearing] The protocol of the hearing should include a statement of the spouses as to the number, age and sex of the children living, property and gainful relations of the two spouses, the special obligations of the maintenance of persons who are not their common children and as to the content of the contract assets, if the spouses of the contract have concluded such a contract.

Art. 434. [ Environmental Interview] The court may order an appointed person to conduct an environmental interview to determine the conditions in which the children of the parties live and are brought up.

Article 434 1 . (repealed)

Art. 435. [ Effectiveness of judgment] § 1. The judgment of the Court of Law shall have effect vis-vis third parties.

§ 2. This does not apply to the ruling on the rights and claims of property sought in conjunction with non-immaterial rights.

Chapter 2

Divorce and Separation matters

Art. 436. [ Mediation of pages to mediate] § 1. If there are views on the maintenance of marriage, the court may refer the parties to mediation. This referral is also possible when the proceedings have been suspended.

§ 2. The provisions on mediation shall apply accordingly, except that the mediation may also be a reconciliation of the spouses.

§ 3. (repealed)

§ 4. If the parties have not agreed on the person of the mediator, the court shall refer them to a permanent mediator with theoretical knowledge, in particular with a degree in psychology, pedagogy, sociology or law and practical skills in the field of knowledge and skills. the conduct of mediation in family matters.

Art. 437. (repealed)

Article 438. (repealed)

Article 439. [ The inadmissibility of the counterclaim] § 1. The counterclaim for divorce or separation is not acceptable.

§ 2. For the duration of the divorce or separation process, a separate divorce or separation case may not be opened.

§ 3. However, the defendant in the divorce case may also request divorce or legal separation. The defendant in the case for separation may also request separation or divorce.

Article 440. [ Suspension of proceedings] § 1. If the court takes the view that there are views on the maintenance of the marriage, it suspends the proceedings. Such suspension may take place only once in the course of the proceedings.

§ 2. The subtracting of proceedings shall take place at the request of one of the parties; and, in addition, Articles shall apply 428 § 2.

Art. 441. [ Purpose of evidence] The purpose of the investigation is to determine the circumstances surrounding the distribution of life, as well as the circumstances surrounding the children of the parties and their situation, and in the event of recognition of the action, also the reasons which led the defendant to this party.

Article 442. [ Limitation of evidentiary proceedings] If the defendant accepts the claim of a lawsuit and the spouses do not have joint minor children, the court may limit the probative procedure to the hearing of the parties.

Article 443. (repealed)

Art. 444. [ Investigation of maintenance claims] The spouse may claim maintenance claims from the other spouse in the event of a divorce judgment, as well as for the case of a ruling of the separation. The investigation shall be made by filing an application at the hearing in the presence of the other spouse or in writing, which must be served to the other spouse.

Art. 445. [ Prohibition of separate cases] § 1. During the divorce or separation process, a separate case for the satisfaction of the needs of the family and for the alimony between the spouses or between them and their common minor children as to the benefits for the period from the application of the action may be initiated. for divorce or separation. The lawsuit or the application for security in such a case shall be sent to the court in which the case for divorce or for separation is pending, in order to resolve the provisions on the security proceedings.

2. The procedure for meeting the needs of the family or for the alimony initiated before the application for divorce or for separation, shall be suspended from the office when the proceedings for divorce or for the separation of the benefits for the period from which it is based have been filed. rolling. As soon as it is issued in the case of divorce or for the separation of the provision of security for the performance of the obligation to meet the needs of the family or for alimony, it shall also refrain from the enforcement of unlawfully judgements of the obligations of those benefits, issued in the previous case, for the period from which the proceedings for divorce or for separation have been issued.

§ 3. After the final act of divorce or the separation of suspended proceedings, the proceedings shall be taken by law, the decisions which have been suspended shall be enforced, but only as to the period for which the proceedings for divorce or for the separation of the proceedings are held no claims covered by the suspended proceedings have been made. The remainder of the proceedings shall be subject to the right of redemption.

Article 445 1 . [ Suspension of proceedings] § 1. Where a divorce or a separation is pending, separate proceedings concerning the parental authority over the parties ' common children or the establishment of contacts with them may not be commenced. In the event of the need for a decision on parental authority or of contacts, the provisions on security procedures shall apply.

(2) The procedure relating to parental authority or contacts initiated before the application for divorce or separation shall be suspended from the office of suspension and of the parental authority or contacts throughout the duration of the case for divorce or of separation of the court adjudicated in the security proceedings. The court decides to take proceedings concerning parental authority or contacts if, in a final judgment ending the divorce or separation proceedings, the parental authority or contact has not been ruled out. Otherwise, the proceedings shall be remitted.

Article 445 2 . [ Mediation of pages to mediate] In any state of matters of divorce or separation, the court may refer the parties to mediation with a view to settlement of the disputed issues relating to the satisfaction of the needs of the family, the alimony, the exercise of parental authority, the contact with the children, and property cases to be settled in a judgment which adjudicates a divorce or a separation. Article Recipe 436 § 4 shall apply mutatis mutandis.

Article 445 3 . [ Application of provisions at the request of the party] At the request of the party, the provisions of Article 1 582 1 § 2 or 3.

Art. 446. [ Closure of proceedings] In the event of the death of one of the spouses, the proceedings will be

Chapter 3

Other cases

Art. 447. [ Appointment of a Curator] § 1. At the request of the person who, after the death of one of the spouses, intends to bring an action for the annulment of the marriage, the district court of the deceased's residence shall establish the probation officer. If both spouses die, two curators are established.

§ 2. The provision of the preceding paragraph shall apply mutatis mutandis to the action to establish the existence or non-existence of a marriage.

Art. 448. [ Prosecutor's Command] § 1. If an action for annulment of a marriage is issued by a prosecutor, he shall sue both spouses and, in the event of the death of one of them, the curator established in the place of the deceased spouse.

§ 2. The provision of the preceding paragraph shall apply mutatis mutandis to the procurator's action to establish the existence or non-existence of a marriage.

Article 449. [ Prosecutor's participation] § 1. In cases of annulment or the establishment of the existence or non-existence of a marriage, a copy of the lawsuit shall be served by the prosecutor and shall be notified of the time limits for the hearing.

§ 2. If such a case has been issued or is supported by the procurator, the provisions for suspension of proceedings shall not be applied to the parties ' compliant request or because of the failure of both parties to do so.

Article 450. [ Suspension and remission of proceedings] § 1. The proceedings for annulment of a marriage in the event of the death of one of the spouses hang.

§ 2. The proceedings shall be renown if the descendants of the spouse who took the action do not report within six months following the issuance of the order for the suspension of the application for action.

§ 3. In the event of the death of the defendant's spouse, and if both spouses were sued, in the event of the death of one of them, the proceedings shall be taken after the court adjudicated at a meeting of the classified curator who enters into the place of the deceased spouse.

Article 451. [ Annulment of marriage] The provisions of Article 4 444, 445, and 445 1 shall apply mutatis mutandis in cases of invalidity of a marriage.

Article 452. [ Establishment of property separation between spouses] In cases of the establishment of property separation between spouses, the provisions of Article 4 (1) shall apply mutatis mutandis. 426, 431, 432, 435 § 1, 441 and 446.

SECTION II

Proceedings in cases of relations between parents and children

Article 453. [ Application of department provisions] The provisions of this chapter shall apply in cases of determination or denial of the origin of the child, of the determination of the imeffectiveness of the recognition of the paternity and of the adoption of the adoption.

Article 453 1 . [ The process capacity of the mother and father of the child] In cases of determination or denial of the origin of the child and of the determination of the impunity of recognition of the paternity of the child, the mother and father of the child shall have the capacity to process also if they are limited in capacity to legal acts, if they have completed the years Sixteen.

Article 454. [ Prosecutor's Command] § 1. In cases of maternity or paternity determination, the procurator shall indicate in the lawsuit the child who is the subject of the action and shall sue the mother of the child or the presumed father, and if those persons are dead, the probation shall indicate the child's mother or father, and if the child is dead, he shall be sued. established in their place.

§ 1 1 In cases of maternity denial, the procurator is suing a woman who is entered as a mother in the birth certificate of a child and a man whose fatherhood has been established taking into account her maternity, and if those persons are not alive- the curator established in their place and the child.

§ 2. In cases of denial of the paternity of the prosecutor, the procurator is suing the husband of the child of the child, and if he is dead, the probation officer established in his place and the child, as well as the mother of the child, if he is alive.

§ 3. In cases of determination of the impractical recognition of the paternity of the prosecutor, withdrawing an action, he is suing the child and the man who recognized the paternity, and if he is dead-a probation officer established in his place, as well as the mother of the child, if he is alive; in the event of recognising the paternity after the death of the child prosecutor is suing the curator's child established in place.

§ 4. In cases of adoption, the procurator dissolves the application of the adoption of the adoption of the adoption and the opportunity to be given.

Article 454 1 . [ The inadmissibility of the counterclaim] § 1. A counterclaim for the establishment or denial of maternity, of the establishment or denial of paternity, and of the determination of the impractical recognition of paternity shall not be admissible.

§ 2. In the course of a trial, the establishment or the denial of maternity, the establishment or denial of a paternity or the determination of the impractical recognition of the paternity may not be instituted by a separate case for the establishment or denial of maternity, of the finding or denial of paternity or the determination of the impractical recognition of paternity.

§ 3. However, the defendant may also request the establishment or denial of the maternity, the determination or denial of the paternity, or the determination of the impractical recognition of the paternity.

Art. 455. [ Betting not on the site] The hearing takes place regardless of the non-instability of one of the parties.

Article 456. [ Cancellation and suspension of proceedings] § 1. The proceedings shall be terminated in the event of the death of one of the parties and, if there are several persons in the same party, in the event of the death of all those persons, subject to paragraphs 2 and 3.

§ 2. In the case of a child's decision to establish or deny maternity, to deny a paternity or to establish ineffective recognition, as well as in the case of a child or his mother, to establish paternity, the proceedings shall be suspended in the event of death of the defendants until the court adjudicates the probation of the curator who joins the case to the place of the deceased. This provision shall apply in the case of the adoption of the adoption process in the event of the death of the adoption.

§ 3. [ 9] In the case of a determination or denial of maternity, the determination or denial of a paternity and the determination of the impractical recognition of the paternity, the proceedings shall be terminated in the event of the death of the child, unless the child who has brought an action for the establishment of the child maternity or the establishment of paternity leave the insidious; in that case, the proceedings shall be suspended. If, within six months of the date of issue of the suspension order, the proceedings have not been notified to the proceedings, the court of justice shall be terminated.

Article 456 1 . [ Notification of an ongoing process] § 1. In matters of maternity determination, the President shall give notice of the trial of a man concerned by the presumption of origin of the child from the husband of the mother, serving him a copy of the lawsuit.

§ 2. In the case of maternity denial, the President shall give notice of the trial of a man whose paternity concerns the outcome of the proceedings, serving him a copy of the lawsuit.

Article 457. [ Public Prosecutor's Notification] In cases of denial of the origin of the child or of the determination of the impractical recognition of the paternity, or of the adoption of a copy of the application, a copy of the lawsuit shall be served by the prosecutor and shall be notified of the time limits for the hearing.

Article 458. [ Application of provisions of the Act] § 1. The provisions of the section of this chapter shall apply mutatis mutandis. 426, 429, 431, 434 and 435.

§ 2. If, at the same time, the cessation of paternity is due to the claims of property, the provisions of the Rules of Procedure shall not apply to the parts of the proceedings relating to those claims. 429 and 456. In the event of the death of the defendant, the proceedings in the part relating to property claims shall be suspended until the final settlement of the paternity has been resolved, after which it may be taken with the participation of legal successors of the deceased or probation officer.

SECTION III

Dealing with matters of labour law and social security

Chapter 1

General provisions

Article 459. [ Application of chapter provisions] The provisions of this Chapter shall apply in matters of employment law, and also in matters of social security.

Article 460. [ Judicial and process capacity] § 1. The judicial and procedural capacity also has an employer, even if he has no legal personality, and in social security matters the capacity of the disability pension institution is the capacity of the pension authority and the state.

§ 2. Where necessary, a provision for the curator's party, the order referred to in Article 4 (1) of the Treaty on the 69, may also fall from office.

Art. 461. [ Court Property] § 1. Proceedings in the field of labour law may be instituted before the court of jurisdiction of the general defendant, or before the court in whose district the work is, was or was to be executed, or before the court in whose district the establishment of the work is situated.

§ 1 1 The jurisdiction of the district courts, irrespective of the value of the subjectmatter of the dispute, is the question of the right of employment to determine the existence of a employment relationship, the recognition of the ineffectiveness of the termination of the employment relationship, the reinstatement of work and restoration the previous working conditions or pay and the combination of claims and damages in the event of unjustified or infringing provisions of notice and termination of the employment relationship, as well as matters relating to criminal penalties and certificates. the work and the claims related to it.

§ 2. In matters of social security, the court in which the party is domiciling has jurisdiction over the decision taken by the pension authority shall be competent to hear the case, except where otherwise provided for in the separate provision.

§ 2 1 In social security cases where an appeal against a decision of the pension authority as defined by the Minister responsible for internal affairs, the military pension authority or the pension authority competent in relation to the Officials of the Prison Service shall be competent in the court in which the district is established.

§ 2 2 . In cases where the jurisdiction of the court cannot be determined by the provisions of § 1-2 1 , the competent court shall have jurisdiction in respect of which the district is established.

§ 3. The competent court may, on the basis of a request by the parties, refer the case to another equivalent court to the hearing of the case in the field of labour law or social security, where the grounds of the advisability of the matter are referred to. An order on this subject may fall in an implicit meeting. The court to which the case has been referred shall be bound by the order of the transferring court.

Article 462. [ NGOs] In the field of labour law and social security, non-governmental organisations with regard to their statutory tasks, with the consent of the staff member or the insured person, expressed in writing, may bring an action for the benefit of the employee or to make appeals against the decision. an annuity, and, with the agreement of the staff member or the insured person, expressed in writing, to join them in the proceedings.

Art. 463. (repealed)

Art. 464. [ Submission of the case] § 1. The rejection of the application shall not take place because of the inadmissibility of the court of justice, where another authority is competent to hear the case. In this case, the court will give him a case. The order of the court to refer the case may fall in an implicit meeting. If, however, that authority has previously considered itself to be inappropriate, the court shall recognise the case.

§ 2. The application to the court of action, which is subsequently transferred in accordance with the preceding paragraph, shall have the effect of the law on the application of the action.

Art. 465. [ Plenipotentiary] § 1. The agent of the employee or the insured person may also be a representative of a trade union or a labour inspector or an employee of the work plant in which the person is or was employed, and the insured person-also a representative of the organisation of pensioners and pensioners.

§ 1 1 . An employer's agent who is not a legal person or an entrepreneur or an annuity may also be his/her employee. The representative of the provincial team for the adjudication of a disability may be its member.

§ 2. For the receipt of receivables for the benefit of the employee or the insured person, the special power of attorney granted after the execution of the enforcement title is required.

Art. 466. [ Standalone labor action] An employee or an insured person acting without a lawyer or legal adviser may make an oral application to the protocol in a court of law and the content of the remedies and other pleadings of the pleadings.

Article 467. [ Preliminary examination of the case] § 1. As soon as the matter has been brought, the chairman or the judge appointed by him shall carry out a preliminary examination.

§ 2. The preliminary examination of the case consists in determining whether the letter initiating the legal proceedings meets the necessary requirements to give it a further run, and to take action to enable the case to be decided at the first meeting.

§ 3. After a preliminary examination of the case, the President calls for the removal of formal pleadings only if these deficiencies are not remedying during the course of the investigation.

§ 4. If, in the course of the preliminary examination of the social security case, it appears that there are significant deficiencies in the material and that its completion in the legal proceedings would be combined with significant difficulties, the President or the judge appointed by him may return the case file to the authority of the case to complete the case. The same applies to an accident in which the decision of the annuity does not include:

1) the legal and factual basis;

2. indication of how the benefit is calculated;

3) the relevant instructing of the legal effects of the decision and the mode of appeal.

Art. 468. [ Explanatory steps] § 1. The Court shall take the necessary steps to clarify the outcome of the preliminary examination of the case, and where the matter has not been the subject of proceedings before the Conciliation Committee, unless those acts do not accelerate the procedure or are of course non-conciliation. for other reasons.

§ 2. The Explanatory Actions are intended to:

1) the removal of formal pleadings of formal pleadings, including in particular a more accurate determination of the requested requests;

2) in matters of labour law-clarification of the positions of the parties and prompting them to make reconciliation and to conclude a settlement;

3) determine which of the relevant circumstances are contentious between the parties and whether and what evidence should be carried out in order to clarify them;

4) explanation of other circumstances, relevant to the correct and swift resolution of the case.

§ 3. The investigations shall be carried out without the participation of jurors.

§ 4. An order specifying the means of proof and the facts to be established may fall in an implicit meeting.

Art. 469. [ Legitimate employee interest] The Tribunal shall recognise the conclusion of a settlement, revocation of a claim, opposition or appeal, and waiver or limitation of the claim as inadmissible, even if the action had been contrary to the legitimate interest of the worker or the insured person.

Article 470. [ Representation] In the event of an explanatory action or a provision of personal order for the hearing, the defendant should be represented by a person familiar with the facts of the case and entitled to a settlement.

Article 471. [ Term of the hearing] The date of the hearing should be such that, from the date of completion of the clarifying operations, and if no such action is taken, from the date on which the application or the appeal is lodged, no more than two weeks have elapsed, unless it is inconspursive. remove obstacles.

Article 472. [ Request for presentation of personal files and other documents] The Tribunal shall request the presentation necessary for the resolution of the case of personal files and other documents, applying the provision of the Art. 149 1 .

Article 473. [ Exemptions] § 1. The provisions limiting the admissibility of evidence from witnesses and the hearing of the parties shall not apply to the cases provided for in this chapter.

§ 2. (repealed)

Article 474. (repealed)

Article 475. [ Penalties for non-instability] If the party does not carry out the provisions or arrangements in the course of the proceedings without justifiable reasons, the court may sentence it to the fine in accordance with the provisions on penalties for the absence of the witness and refuse to grant the costs or to apply one of those measures; However, she cannot order her to bring her to court. Where the party is a business unit, the staff member responsible for the performance of the provisions or orders shall be subject to the fine, and, in the event of failure to appoint such a staff member, the head of that undertaking.

Article 475 1 . [ Exemption of application of the law] Art. 466, 467, 468, 470 and 471 shall not apply to a cassation complaint and to proceedings before the Supreme Court, which shall be called upon to be brought before the Court.

Article 476. [ Definitions] § 1. In the case of labour law matters, matters are:

1) on or related to a claim from or related to the employment relationship;

1 1 ) establishing the existence of a employment relationship, where the connecting parties with a legal relationship, contrary to the agreement between them, have the characteristics of the employment relationship;

2) for claims from other legal relationships, to which the provisions of labour law are applied by separate provisions;

3. the compensation received from the establishment on the basis of the provisions on benefits in respect of accidents at work and occupational diseases.

§ 2. By way of social security matters, the cases in which an appeal has been lodged against the decision of the annuity, concerning:

1. social security;

2) pensions and pensions;

3) (repealed)

4) other benefits in matters belonging to the property of the Social Insurance Institution;

5) compensation benefits in the event of an accident or illness in connection with a military service or a service in the Police, Border Guard, State Fire Service, Government Protection Bureau, Prison Service, Security Agency The internal intelligence agency, the military counterintelligence service, the military intelligence service, and the Central Anti-Corruption Bureau.

§ 3. In the case of social security, there is also an understanding of cases initiated as a result of the non-issuance by the annuity authority of the decision in due time, as well as cases in which an appeal has been brought against the decision of the voivodship to the adjudication proceedings. of disability, of a legal relationship between the members of an open pension fund and those funds or of their bodies and cases of relations between pensioners or emoluments within the meaning of the provisions on pensioners capital and the Social Insurance Institution.

§ 4. The following shall be understood by the X-ray authorities:

1) the organisational units of the Social Insurance Institution specified in the provisions on the social security system, competent to issue decisions in matters of benefits,

2) (repealed)

3) military pension authorities and pension bodies of the departments of the interior and justice, as well as other military authorities and the departments of the departments of the interior and justice

-competent to issue decisions in the cases referred to in § 2, as well as the President of the Agricultural Social Insurance Fund.

§ 5. For use in this chapter

1) employee-it is also understood:

(a) a member of an agricultural production cooperative, a person providing work on the basis of a contract of employment, and members of the family and heirs of a worker, a member of an agricultural cooperative in production and a person providing work under a contract of employment impose, as well as other persons who, by virtue of the separate provisions, are entitled to claim from the scope of employment law,

(b) the person who reaches the establishment of compensation or the establishment of entitlement to benefits under the provisions on benefits in respect of accidents at work and occupational diseases;

(2) the insured person shall be understood to mean the applicant:

(a) a social security benefit or a pension,

(b) establishing the existence or non-existence of an obligation to insurance, its scope or the assessment of the contribution from that title,

(c) benefits in matters belonging to the property of the Social Insurance Institution,

(d) compensation in the event of an accident or illness in connection with a military service or a service in the Police, the Border Guard, the State Fire Service, the Government Security Office, the Prison Service, the Security Agency The internal intelligence agency, the military counterintelligence service, the military intelligence service, and the Central Anti-Corruption Bureau.

Chapter 2

Dealing with matters of labour law

Article 477. [ Call for participation in the case] In proceedings instituted by the staff member concerned, a call for participation in the case referred to in Article 4 (1) of the Rules of Procedure of the General 194 § 1 and § 3, the court may also make of its own motion. The chairman shall instructs the employee of the claims arising from the facts cited by him.

Article 477 1 . [ Claim Alternate] If a staff member has chosen one of his or her alternative claims, and the claim is unfounded, the court may, on its own initiative, take account of any other alternative claim.

Article 477 2 . [ Immediate feasibility of the rigor] § 1. In order to pay the worker's duties on matters of employment law, the court of office will give the judgment upon its issue of immediate enforceability in a part not exceeding the employee's full one-month salary. Article Recipe 334 § 4 and art. The second sentence of Article 335 (1) shall apply mutatis mutandis; no Article shall apply. § 2.

§ 2. By recognizing the termination of the contract of employment as ineffective, the court at the request of the employee may, in the judgment, impose on the establishment the obligation to continue to employ the employee until the time of the final recognition of the case.

Article 477 3 . (repealed)

Article 477 4 . (repealed)

Article 477 5 . (repealed)

Article 477 6 . [ Immediate enforceability] § 1. The judgment of the court of first instance assisting the benefit to the worker or members of his family in respect of which the court of second instance dismissed the appellate's appeal is subject to immediate execution also in the part where the court did not give it Immediate enforceability based on art. 477 2 .

§ 2. Paragraph 1 shall also apply to the judgments of the court of the second instance of the incumbents ' benefits to the employee or members of his family.

§ 3. The court of second instance shall, on the basis of the judgment referred to in paragraphs 1 and 2, give the authority a declaration of enforceability on the day of the publication of the judgment and the sentence provided for by the clause shall be issued to the holder.

Article 477 7 . [ Exemption of provisions] Art. 464, 467, 468, 470-473 shall not apply in cases where the employee is a defendant.

Article 477 7a . [ Exclusion of the provision of Article 176 § 2] Article Article Article 176 (2) does not apply in the case of labour law proceedings in cases where the entity in the restructuring referred to in Article 2 of the regulation does not apply. 2 point 44 of the Act of 10 June 2016. The Bank Guarantee Fund, the deposit guarantee scheme and the compulsory restructuring are sued.

Chapter 3

Proceedings in social security matters

Article 477 8 . [ Jurisdiction of district courts] § 1. The jurisdiction of the district courts is the social security matters, except for cases where the jurisdiction of the district courts is reserved.

§ 2. The jurisdiction of the district courts shall be:

1) about sickness, compensatory, caring, maternity and mortuary benefits;

2) for rehabilitation benefit;

(3) for compensation for an accident at work, an accident on the way to work or work, an accident at work or an occupational disease, an accident or a occupational disease in connection with an active military service or a service in the Police, the Agency Internal Security, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Government Security Office, Prison Service, State Fire Service, and Customs Service;

4) on the establishment of disability or the degree of disability.

5) (repealed)

6) (repealed)

Article 477 9 . [ Reference] § 1. Appeals against decisions of the pension authorities or decisions of the voivodship for the adjudication of a disability shall be requested in writing to the body or team which issued the decision or decision, or to the protocol drawn up by that authority or team, in the date of the month from the date of service of the decision or decision

§ 2. An annuity or provincial authority with a disability adjudication panel shall immediately transmit the appeal together with the file of the case to the court. That body or team, if it considers the appeal in its entirety to be valid, may amend or repeal the contested decision or decision. In this case, the appeal shall not be suitable for further gear.

§ 2 1 If, in the appeal against the decision of the annuity, new circumstances have been identified as to the incapacity for work or inability to live independently or to permanent or long-term bodily injury which arose after the date of the decision, a medical certificate of the Social Insurance Institution which has not been objected or a decision of the Social Insurance Institution of the Social Insurance Board, does not refer the appeal to the court, but shall refer to the doctor's decision of the Court of Justice. Social Insurance for reconsideration. The pension authority repeals the decision, it shall consider the new circumstances and issue a decision from which the appeal is entitled to the court. This provision shall also apply where the date of establishment indicated in the appeal of the new circumstances cannot be established.

§ 3. The court shall reject the appeal lodged after the expiry of the time limit, unless the overrun of the time limit is not excessive and has been due to reasons beyond the control of the appellant.

§ 3 1 ) The Court of First Instance shall reject the appeal in respect of a social security pension to which the right is contingent upon the declaration of incapacity for work or inability to live independently or to establish a permanent or long-term injury to the health, if the basis for the decision is the decision of the medical examiner of the Social Insurance Institution, and the person concerned has not objected to that decision to the medical committee of the Social Insurance Institution and the appeal is based solely on the allegations of that judgment. If the appeal is also based on an allegation of non-review brought after the date of opposition to that decision, and the following has been raised for reasons beyond the control of the person concerned, the court shall revoke the decision, refer the case to the rerecognising the viability and remit of the proceedings. In such a case, the pension authority shall object to the medical committee of the Social Insurance Institution.

§ 3 2 . In the cases referred to in § 3 1 The order of the court may fall in an implicit session.

§ 3 3 . Article 3 1 shall apply mutatis mutandis in the case of social security benefits for farmers.

§ 4. If the pension authority or the voivodship for the decision on the disability has not issued a decision or a decision within two months from the date of filing the claim in a prescribed manner, the appeal may be filed at any time after the expiry of that term.

§ 5. An insured person or a person who is appealing against a decision of the voivodship for a disability hearing may also bring an appeal-excluding the appeal referred to in § 4-to the minutes of the court competent to identify the case or in a court competent for the place of residence of the insured person or a person appealing against the decision of the voivodship to adjudicate on disability.

§ 6. The court to which the appeal is lodged shall transmit without delay the protocol to the authority or body which issued the contested decision or decision, unless the court has jurisdiction to hear it. In such a case, the President shall, without delay, request the file and give the course of appeal, by sending a copy of the minutes to the authority or to the team which issued the contested decision or decision.

Article 477 10 . [ Reference Content] § 1. The appeal shall contain the indication of the contested decision or of the decision, a brief statement of the pleas in law and the conclusions and the reasons for which it is based and the signature of the insured person or of a person who refers to the decision of the voivodship to the decision disability, or a statutory representative or a representative of the insured person or a person appealing against the decision of the voivodship panel to adjudicate the disability.

If the insured person has notified a new request, which has not yet been recognised by the pension authority, the court shall accept the request in the minutes and forward it to the profitable authority.

Article 477 11 . [ Party, interested] § 1. The parties are insured, a person appealing against a decision of the voivodship panel for the adjudication of a disability, another person whose rights and obligations concerns the contested decision, the annuity body, the voivodship of the adjudicatory panel of the disability and interested.

§ 2. The interest is the one whose rights or obligations depend on the resolution of the case. If the person concerned does not take part in the case, the court shall inform him of the proceedings in question. The person concerned may proceed to the matter within two weeks of the date of notification of the notification. To the provision of the Article concerned § 174 § 1 does not apply.

§ 3. The order of the court to notify the person concerned of the ongoing proceedings may be held in an implicit meeting.

Article 477 12 . [ Prohibition of settlement] The conclusion of a settlement shall not be admissible.

Article 477 13 . [ Amendment of the contested decision] § 1. Amendment by the X-ray authority of the contested decision or of the voivodship to the adjudication of the disability of the contested decision before the court has settled the case-by decision or decision taking into account, in whole or in part, the decision of the decision the party's request-cancels the proceedings in whole or in part. In addition, the altering or execution of a decision or decision shall not affect the course of the case.

§ 2. The order of the court to dismiss the proceedings may fall in an implicit meeting.

Article 477 14 . [ Judgment of the Court] § 1. The General Court shall dismiss the appeal if there is no grounds for taking it into account.

§ 2. In the event that the appeal is taken into account, the court shall amend, in whole or in part, the contested decision of the annuity or the contested decision of the voivodship to the adjudication of the disability and adjudicate on the merits of the case.

§ 3. If an appeal is brought in relation to the failure of a decision by an annuity authority or a decision by the voivodship to adjudicate on disability, the court shall, if the appeal is taken into account, require the authority or team to issue the decision or a decision within a specified time limit, either by notifying the parent authority or judging the substance of the case. At the same time, the court finds whether the decision not to be taken by the annuity was in a gross breach of the law.

§ 4. In the case of a social security benefit, to which the right is dependent on the declaration of incapacity for work or inability to live independently or to establish a permanent or long-term bodily injury, if the basis for the the decision is based on the decision of the medical examiner of the Social Insurance Institution or the decision of the medical committee of the Social Insurance Institution and the appeal against the decision is based only on the allegations concerning that decision, and the court does not rule on the to the substance of the case on the basis of new circumstances of the incapacity to work or the inability to live independently or to establish permanent or long-term bodily injury which arose after the date of the appeal. In this case, the court shall repeal the decision, refer the case to the viability of the proceedings and shall cancel the proceedings.

§ 5. Article 4 (4) shall apply mutatis mutandis in respect of the social security benefits of farmers.

§ 6. In the case in which an appeal has been brought against the decision of the voivodship for the adjudication of a disability, the court does not rule on the merits of the case on the basis of new circumstances concerning the disability which arose after the date of the transfer the appeals against that decision. In this case, the court shall quash the decision, shall refer the case to the voivodship to the adjudication team on the disability and the proceedings shall be terminated.

Article 477 14a . [ The transfer of the case to a profitable authority] The court of second instance, by repealing the judgment and the preceding decision of the annuity, may refer the case back to the profitable authority for a retrial.

Article 477 15 . (repealed)

Article 477 16 . (repealed)

SECTION IV

Conduct in cases of infringement

Article 478. [ Restrictions] In cases of infringement of possession, the court only examines the last state of possession and the fact of its violation, without recognizing the law itself or the good faith of the defendant.

Article 479. [ Prohibition of counterclaim] In cases of infringement, a counterclaim shall not be admissible.

SECTION IVa

Conduct of competition and consumer protection cases

Article 479 1 . (repealed)

Article 479 1a . (repealed)

Article 479 2 . (repealed)

Article 479 3 . (repealed)

Article 479 4 . (repealed)

Article 479 5 . (repealed)

Article 479 6 . (repealed)

Article 479 6a . (repealed)

Article 479 7 . (repealed)

Article 479 8 . (repealed)

Article 479 8a . (repealed)

Article 479 9 . (repealed)

Article 479 10 . (repealed)

Article 479 11 . (repealed)

Article 479 12 . (repealed)

Article 479 13 . (repealed)

Article 479 14 . (repealed)

Article 479 14a . (repealed)

Article 479 14b . (repealed)

Article 479 15 . (repealed)

Article 479 16 . (repealed)

Article 479 17 . (repealed)

Article 479 18 . (repealed)

Article 479 19 . (repealed)

Article 479 19a . (repealed)

Article 479 20 . (repealed)

Article 479 21 . (repealed)

Article 479 22 . (repealed)

Article 479 23 . (repealed)

Article 479 24 . (repealed)

Article 479 25 . (repealed)

Article 479 26 . (repealed)

Article 479 27 . (repealed)

Article 479 28 . [ Reference] § 1. The District Court in Warsaw-the competition and consumer protection court is competent in cases:

1) appeals against the decision of the President of the Office of Competition and Consumer Protection, referred to in the provisions of this chapter "President of the Office";

2) complaints against the provisions issued by the President of the Office in proceedings conducted on the basis of the rules on the protection of competition and consumers or of the separate provisions;

2a) complaints against the provisions issued by the President of the Office on the consideration of the objection referred to in art. 84c of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672, of late. zm.);

3) complaints against the provisions issued by the President of the Office in the security proceedings conducted on the basis of the provisions of the Act on the Protection of Competition and Consumer;

4) complaints against the provisions issued in the enforcement proceedings carried out in order to perform the duties resulting from the decisions and provisions issued by the President of the Office;

5. the complaints referred to in art. 105m and in art. 105p of the Act of 16 February 2007. on the protection of competition and consumers (Dz. U. Nr 50, poz. 331, with late. zm.).

§ 2. The appeal against the decision of the President of the Office shall be made by means of it to the competition and consumer protection court within one month from the date of service of the decision.

§ 3. An appeal against a decision of the President of the Office should be to the satisfaction of the requirements prescribed for the pleadings and to include an indication of the contested decision, a statement of objections, a concise statement of reasons, an indication of the evidence, and a request for repeal. or change the decision in whole or in part.

Article 479 29 . [ Page of proceedings] § 1. The party to the proceedings before the competition and consumer courts is the President of the Office and the entity which is a party to the proceedings before the President of the Office, and the appellant.

§ 2. (repealed)

§ 3. The representative of the President of the Office may be an employee of the Office of Competition and Consumer Protection.

Article 479 29a . (repealed)

Article 479 30 . [ Hold decision execution] In the event of an appeal against a decision of the President of the Office, the court of protection of competition and of consumers may, at the request of the party which lodged the appeal, withhold the execution of the decision until the case is resolved. The order may be issued at an implicit meeting.

Article 479 31 . (lost power)

Article 479 31a . [ Appeal dismissed] § 1. The competition and consumer protection court shall dismiss the decision of the President of the Office if there are no grounds for taking it into account.

§ 2. The competition and consumer protection Tribunal shall reject the appeal lodged after the expiry of the time limit for its transfer, which is inadmissible for any other reason, and also where it has not been supplemented within the time limit for the cancellation of the appeal.

§ 3. Where the appeal is taken into account, the court or tribunal of competition and of consumers shall either revoke, or amend in whole or in part, the substance of the case in question. At the same time, the court finds whether the contested decision has been issued without a legal basis or a flagrant violation of the law.

§ 4. Where an appeal has been taken into account against a decision finding an infringement of the prohibitions referred to in Article 6 para. 1 points 1-6 of the Act of 16 February 2007. of the protection of competition and of consumers or in art. 101 (1) 1 litas (a) the Treaty on the Functioning of the European Union, either by repealing it in the part concerning the trader or amending such a way that no financial penalty is imposed on the trader, the court of protection of competition and the consumers of its own motion shall repeal the decision also in the part concerning the managing person referred to in art. 6a of that law, which has committed an infringement of the prohibitions by that trader.

§ 5. In the appeal and cassation proceedings, the provision of § 4 shall apply mutatis mutandis.

Article 479 32 . [ The complaint to the order] § 1. A complaint to the order of the President of the Office shall be lodged with the competition and consumer protection courts within one week from the date of service of the order.

§ 2. Rules of Art. 479 28 § 2 and § 3 and art. 479 30 and art. 479 31a shall apply mutatis mutandis to complaints against the provisions of the President of the Office.

Article 479 33 . [ Mystery of the company] § 1. In the proceedings before the court of protection of competition and consumers, the business secrets and other secrets to be protected on the basis of separate provisions are protected.

§ 2. The court of protection of competition and consumers may, by way of order, disclose the party to legal proceedings of information protected in proceedings before the President of the Office as the secret of the company of the other party only if:

1) have changed materially the circumstances which are the basis for the President of the Office to issue a provision restricting the right of access to the evidence attached by the parties to the file;

2) the party, whose secret of the company is protected, has consented.

§ 2a. The documents referred to in art. 70 par. 4 of the Act of 16 February 2007. the protection of competition and of consumers, may be copied by parties and other participants to the proceedings only if the trader or the managing person referred to in that provision has agreed to that written consent. Without the written consent of the economic operator or of the managing person, only the handwritten notes on those documents may be drawn up after the prior undertaking that the information obtained in this way will be used only for the purposes of the conduct of the proceedings in the case.

§ 2b. Copies of the documents referred to in Art. 70 par. 4 of the Act of 16 February 2007. o The protection of competition and of consumers, drawn up without the written consent of the trader or of the managing person or the information obtained by access to those documents, cannot be used as evidence in proceedings before the court in another case.

§ 3. The court may, at the request of a party or of its own motion, may, by order, to the extent necessary to limit the other parties to the right of access to the evidence attached by the parties to the file in the course of legal proceedings, if the provision of such evidence the material would threaten the disclosure of the business secrets or other secrets to be protected on the basis of separate provisions.

§ 4. The limitation of the right of access to the evidence referred to in § 3 shall not apply to the President of the Office.

§ 5. The order referred to in paragraphs 2 and 3 shall not be entitled to a complaint.

§ 6. In the case of an occurrence by another civil court to the competition and consumer protection court, in connection with the conduct of the proceedings, to make the documents referred to in art. 70 par. 4 of the Act of 16 February 2007. o The protection of competition and consumers, these documents shall be made available only with the written consent of the trader or the managing person referred to in that provision.

Article 479 34 . (lost power)

Article 479 35 . [ Cassation complaint] § 1. (repealed)

(2) Article 2 (2) of the judgment of the Court of Justice of the European Court of Justice of the European Community

SECTION IVb

(repealed)

Article 479 36 . (repealed)

Article 479 37 . (repealed)

Article 479 38 . (repealed)

Article 479 39 . (repealed)

Article 479 40 . (repealed)

Article 479 41 . (repealed)

Article 479 42 . (repealed)

Article 479 43 . (repealed)

Article 479 44 . (repealed)

Article 479 45 . [ Copy of the final judgment] § 1. A copy of the final judgment which takes account of the court's proceedings shall be sent to the President of the Office for the Protection of Competition and Consumers.

§ 2. The President of the Office of Competition and Consumer Protection conducts, on the basis of the judgments referred to in § 1, the register of provisions of the contract patterns deemed not permitted.

§ 3. The register referred to in paragraph 2 shall be public.

§ 4. The Council of Ministers shall determine, by means of a regulation, a model of the register of provisions of the contract patterns deemed not

SECTION IVc

Proceedings in matters of energy regulation

Article 479 46 . [ Court of First Instance in matters of energy] The District Court in Warsaw-the competition and consumer protection court is competent in cases:

1) appeals against the decision of the President of the Energy Regulatory Office, referred to in the provisions of this chapter "President of the Office";

2) complaints against the provisions issued by the President of the Office in proceedings conducted on the basis of the provisions of the Act of 10 April 1997. -Energy law (Dz. U. 2012 r. items 1059, with late. zm.) or separate regulations.

Article 479 47 . [ Contribution of the appeal] § 1. An appeal against a decision of the President of the Office shall be lodged with the President of the Office for the protection of competition and of consumers within a period of two weeks from the date of service of the decision

§ 2. The competition and consumer protection Tribunal shall reject the appeal lodged after the expiry of the time limit for its transfer, which is inadmissible for any other reason, and also where it has not been supplemented within the time limit for the cancellation of the appeal.

Article 479 48 . [ Submission of the appeal] § 1. The President of the Office shall immediately forward the appeal together with the file to the court.

(2) If the President of the Office considers the appeal to be right, he may, without transmitting the file to the court, annul or amend his decision in whole or in part, as soon as it notifies the party, by sending it a new decision from which the party shall serve the appeal.

Article 479 49 . [ Formal Requirements] An appeal against a decision of the President of the Office should be to the satisfaction of the requirements prescribed for the pleading of the proceedings and to include an indication of the contested decision and the value of the subject-matter of the dispute, the statement of objections, a concise statement of reasons, an indication of evidence include an application for the repeal or amendment of a decision in whole or in part.

Article 479 50 . [ Parties to the proceedings] § 1. The President of the Office and the interested party are also parties in the field of energy regulation.

§ 2. The interest is the one whose rights or obligations depend on the resolution of the process. If the person concerned has not been summoned to participate in the case, the competition and consumer protection court shall at the request of the party or of its own motion call upon him.

Article 479 51 . [ Attorney of the President of the Office] The representative of the President of the Office may be an employee of the Energy Regulatory Office.

Article 479 52 . [ Hold decision] In the event of an appeal against a decision of the President of the Office, the court of protection of competition and of consumers may, at the request of the party which lodged the appeal, withhold the execution of the decision until the case is resolved. The order may be issued at an implicit meeting.

Article 479 53 . [ Appeal dismissed] § 1. The competition and consumer protection court shall dismiss the decision of the President of the Office if there are no grounds for taking it into account.

§ 2. Where the appeal is taken into account, the court or tribunal of competition and of consumers shall either revoke, or amend in whole or in part, the substance of the case in question.

Article 479 54 . (repealed)

Article 479 55 . [ Application of the provisions to the complaints to the provisions] The provisions of Article 4 479 32 § 1 and Art. 479 47 - 479 54 [ 10] shall apply mutatis mutandis to complaints against the provisions of the President of the Office.

Article 479 56 . [ Cassation complaint] § 1. (repealed)

(2) Article 2 (2) of the judgment of the Court of Justice of the European Court of Justice of the European Community

SECTION IVd

Handling of telecommunication and mail regulation

Article 479 57 . [ Court of First Instance in Telecommunications Regulatory Rights] The District Court in Warsaw-the competition and consumer protection court is competent in cases:

1) appeals against the decision of the President of the Office of Electronic Communications, referred to in the provisions of this chapter "President of the Office";

2) complaints against 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. of 2016 r. items 1489 and 1579), of the Act of 23 November 2012. -Postal law or separate provisions.

Article 479 58 . [ Contribution of the appeal] § 1. An appeal against a decision of the President of the Office shall be lodged with the President of the Office for the protection of competition and of consumers within a period of two weeks from the date of service of the decision

§ 2. The competition and consumer protection Tribunal shall reject the appeal lodged after the expiry of the time limit for its transfer, which is inadmissible for any other reason, and also where it has not been supplemented within the time limit for the cancellation of the appeal.

Article 479 59 . [ Submission of the appeal] § 1. The President of the Office shall immediately forward the appeal together with the file to the court.

(2) If the President of the Office considers the appeal to be right, he may, without transmitting the file to the court, annul or amend his decision in whole or in part, as soon as it notifies the party, by sending it a new decision from which the party shall serve the appeal.

Article 479 60 . [ Formal Requirements] An appeal against a decision of the President of the Office should be to the satisfaction of the requirements prescribed for the pleading of the proceedings and to include an indication of the contested decision and the value of the subject-matter of the dispute, the statement of objections, a concise statement of reasons, an indication of evidence include an application for the repeal or amendment of a decision in whole or in part.

Article 479 61 . [ Parties to the proceedings] § 1. In matters of the regulation of telecommunications and mail, the President of the Office and the interested party are also parties.

§ 2. The interested party is the one whose rights or obligations depend on the resolution of the process and the one who participated in the proceedings before the President of the Office on the rights of the party. If the person concerned has not been summoned to participate in the case, the competition and consumer protection court shall at the request of the party or of its own motion call upon him.

Article 479 62 . [ Attorney of the President of the Office] The representative of the President of the Office may be an employee of the Office of Electronic Communications.

Article 479 63 . [ Hold decision] In the event of an appeal against a decision of the President of the Office, the competition and consumer protection court may, at the request of the party which has lodged the appeal, hold until the decision has been resolved, if there is a danger of being inflicted on significant damage or causing difficult reversal of effects. The order may be issued at an implicit meeting.

Article 479 64 . [ Appeal dismissed] § 1. The competition and consumer protection court shall dismiss the decision of the President of the Office if there are no grounds for taking it into account.

§ 2. Where the appeal is taken into account, the court or tribunal of competition and of consumers shall either revoke, or amend in whole or in part, the substance of the case in question.

Article 479 65 . (repealed)

Article 479 66 . [ Application of the provisions to the complaints to the provisions] The provisions of Article 4 479 32 § 1 and Art. 479 58 - 479 65 [ 11] shall apply mutatis mutandis to complaints against the provisions of the President of the Office.

Article 479 66a . [ Relevant application of the provisions] In proceedings in matters of the regulation of telecommunications and mail the provisions of art. 479 33 shall apply mutatis mutandis.

Article 479 67 . [ Cassation complaint] § 1. (repealed)

(2) Article 2 (2) of the judgment of the Court of Justice of the European Court of Justice of the European Community

SECTION IVe

Handling of rail transport regulation matters

Article 479 68 . [ Court of First Instance in matters concerning the regulation of rail transport] The District Court in Warsaw-the competition and consumer protection court is competent in cases:

1) appeals against the decision of the President of the Railway Transport Office, referred to in the provisions of this chapter "President of the Office";

2) complaints to the provisions issued by the President of the Office in proceedings conducted on the basis of regulations the Act of 27 June 1997. o Rail transport (Dz. U. Entry 591, of late. zm.) [ 12] or separate provisions.

Article 479 69 . [ Contribution of the appeal] § 1. An appeal against a decision of the President of the Office shall be lodged with the President of the Office for the protection of competition and of consumers within a period of two weeks from the date of service of the decision

§ 2. The competition and consumer protection Tribunal shall reject the appeal lodged after the expiry of the time limit for its transfer, which is inadmissible for any other reason, and also where it has not been supplemented within the time limit for the cancellation of the appeal.

Article 479 70 . [ Submission of the appeal] § 1. The President of the Office shall immediately forward the appeal together with the file to the court.

(2) If the President of the Office considers the appeal to be right, he may, without transmitting the file to the court, annul or amend his decision in whole or in part, as soon as it notifies the party, by sending it a new decision from which the party shall serve the appeal.

Article 479 71 . [ Formal Requirements] An appeal against a decision of the President of the Office should be to the satisfaction of the requirements prescribed for the pleading of the proceedings and to include an indication of the contested decision and the value of the subject-matter of the dispute, the statement of objections, a concise statement of reasons, an indication of evidence include an application for the repeal or amendment of a decision in whole or in part.

Article 479 72 . [ Parties to the proceedings] § 1. The President of the Office and the interested party are also parties in the field of rail transport regulation.

§ 2. The interest is the one whose rights or obligations depend on the resolution of the process. If the person concerned has not been summoned to participate in the case, the competition and consumer protection court shall at the request of the party or of its own motion call upon him.

Article 479 73 . [ Attorney of the President of the Office] The representative of the President of the Office may be an employee of the Office of Rail Transport.

Article 479 74 . [ Hold decision] In the event of an appeal against a decision of the President of the Office, the court of protection of competition and of consumers may, at the request of the party which lodged the appeal, withhold the execution of the decision until the case is resolved. The order may be issued at an implicit meeting.

Article 479 75 . [ Appeal dismissed] § 1. The competition and consumer protection court shall dismiss the decision of the President of the Office if there are no grounds for taking it into account.

§ 2. Where the appeal is taken into account, the court or tribunal of competition and of consumers shall either revoke, or amend in whole or in part, the substance of the case in question.

Article 479 76 . (repealed)

Article 479 77 . [ Application of the provisions to the complaints to the provisions] The provisions of Article 4 479 32 § 1 and Art. 479 69 -479 75 shall apply mutatis mutandis to complaints against the provisions of the President of the Office.

Article 479 78 . [ Cassation complaint] § 1. (repealed)

(2) Article 2 (2) of the judgment of the Court of Justice of the European Court of Justice of the European Community

CHAPTER V

Order and Gift proceedings

Chapter 1

General provisions

Article 480. (repealed)

Article 481. (repealed)

Article 482. (repealed)

Article 483. (repealed)

Article 484. (repealed)

Chapter 2

Order handling

Article 484 1 . [ Conduct of the injuntative conduct] § 1. The mandating procedure falls within the jurisdiction of district and district courts.

§ 2. The court recognizes the case in the order proceedings at the written request of the plaintiv, filed in the lawsuit.

§ 3. The case shall be recognised in an implicit meeting.

Article 485. [ Warrant for payment] § 1. The court shall issue an order for payment if the plaintigation is a cash claim or the provision of other convertible things, and the circumstances justifying the subsidised request shall be proved attached to the lawsuit:

1. the official document;

2) accepted by the debtor's account;

3) the call of the debtor to be paid and a written declaration of the debtor about the recognition of the debt;

4) accepted by the debtor the demand for payment, returned by the bank and not paid due to the lack of funds in the bank account.

§ 2. The Tribunal shall also issue an order for payment against the obligation of bills of exchange, check, warrants or reverses duly completed, the veracity and contents of which do not cast doubt. In the event of a transfer to the claimer of the rights of the promissory notes, from the check, from the warrants or from the reverse, it is necessary to provide the order for the issue of the order in order to justify the claim, as long as the transfer of those rights to the plaintick does not result directly from the promissory notes, from the cheque, from the warrants or from the reverse.

§ 2a. The court shall issue an order for payment on the basis of a contract application, proof of mutual benefit, proof of service to the debtor of the invoice or account, if the claimant is due to payment of the cash benefit, the interest in commercial transactions referred to in the Act of 8 March 2013. with deadlines for payment in commercial transactions (Dz. U. of 2016 r. items 684) or the amount referred to in art. 10 para. Pursuant to Article 4 (1) of that law, and on the basis of supporting documents for the recovery of the costs of recovery, where there is also a reason for reimbursement of the costs referred to in Article 10 para. 2 of this Act.

§ 3. The court may issue an order for payment if the bank reaches a claim on the basis of an exit from the bank accounts signed by the persons authorised to make statements on the rights and obligations of the bank's assets and bearing the stamp of the bank and the proof the service of the debtor in writing.

§ 4. If the original of the promissory notes, cheques, warrants or reversions or documents referred to in paragraph 3 are not attached, the President shall invite the claimer to repay the claim under Article 3. 130.

Article 486. [ Designation of the hearing] § 1. In the absence of a basis for a payment order, the President shall designate a hearing, unless the matter may be recognised in an implicit meeting.

§ 2. In the cases referred to in Article 485 § 2a, the court shall issue the order for payment, and in the absence of grounds for its issue, the chairman shall appoint a hearing or an implicit meeting no later than 2 months from the date of the filing of the application or from the date of supplementing the shortfalls of the lawsuit.

Art. 487. (repealed)

Art. 488. (repealed)

Article 489. (repealed)

Art. 490. (repealed)

Art. 491. [ Consequences of the order, form, service] § 1. By issuing the order for payment, the court shall rule that the defendant shall, within two weeks from the date of service of the order, satisfy the claim in full with the costs or bring the pleas in law upon that date.

§ 2. The order of payment issued on the basis of the bills, warrants, reverse or cheques may be in the shortened form placed on their write.

§ 3. The order of payment shall be served on the parties; the defendant, together with the application, the annexes, and the instruction on the content of the Article. 493 § 1 third sentence.

Article 492. [ Immediate enforceability] § 1. The payment order shall be the title of the security, which shall be enforceable without a declaration of enforceability. The amount ordered by the order together with the required interest shall be the sum which the debtor lodges on the account of the deposit of the Minister of Finance within the meaning of the provisions on public finances, hereinafter referred to as the 'deposit account of the Minister of Finance', shall be sufficient Security. If the order obliges them to issue replacement goods, it is sufficient to provide a sum equal to the value of the subjectmatter

§ 2. The reason for the application of the security shall be to indicate how the security is to be secured. The court may, at the request of the defendant, limit the security at its discretion. Article Recipe 742 and the provisions on the restriction of the security against the State Treasury shall apply accordingly.

§ 3. A payment order issued on the basis of a promissory notice, warrants, reverse or check becomes immediately enforceable after the deadline to satisfy the claim. In the event of pleas in law, the court may, at the request of the defendant, hold the execution The provisions on the limitation of enforceability in cases against the State Treasury shall apply mutatis mutandis.

Article 492 1 . [ Notice of order for payment] § 1. If service of the order for payment cannot be effected because the defendant's whereabouts are not known, or if the order for service of the order cannot be served in the country, the court of office shall revoke the order for payment and the chairman shall take the appropriate steps.

(2) If, after the payment order has been issued, it is found that the defendant was not in a judicial capacity, trial capacity or body of representation at the time of the filing of the application, and the deficiencies have not been remedied within the prescribed period, the provisions of the Code, the court of office shall repeal the order for payment and issue the corresponding provision

Article 493. [ Allegations] § 1. The letter of objections shall be lodged with the court which issued the order for payment. The defendant should indicate whether the injunctive, in its entirety or in part, appeals to the pleas in law which, under the rigour of their loss, must be declared before being in dispute as to the substance of the case and the factual and factual circumstances. The Tribunal shall disregard late submissions and evidence, unless the party is prima facie not to report them on the charges without his or her fault, or that the consideration of late claims and evidence shall not result in a delay in the identification of the case or that there are other exceptional cases of such evidence. circumstances.

§ 2. If the lawsuit is filed on an official form, the pleas in law shall also require the conduct of that form.

§ 3. Only the claims evidenced by the documents referred to in Article 5 may be deducted from the deduction. 485.

§ 4. The counterclaim is unacceptable.

Article 494. [ Rejection of charges] § 1. [ 13] The court rejects the charges brought after the expiry of the period, unpaid or for other reasons inadmissible, as well as allegations the missing defendant did not remove in time.

§ 2. A ban on payment against which, in whole or in part, the charges have not been effectively brought, shall have the effects of a final judgment.

Art. 495. [ Designation of the hearing] § 1. If the pleas are properly filed, the President shall appoint a hearing and shall manage the delivery of the pleas in law.

§ 2. In the course of the proceedings, no new claims can be claimed instead of or next to the previous one. However, in the event of a change in circumstances, the claimant may request the original subjectmatter of the dispute or any other subject-matter and, in the case of a recurrent benefit, it may be appropriate to extend the request for a claim for further periods.

§ 3. (repealed)

§ 4. Art. 194-196 and art. No 198 shall be used.

Article 496. [ Adjudication] After the hearing, the court shall issue a judgment in which the order for payment in whole or in part holds in force either it repeals and adjudicate on the request of the application, or the order shall waive the order for payment and the lawsuit either rejects or the proceedings of the umarage.

Article 497. [ Withdrawal of charges] § 1. In the event of revocation, the court shall, if it does not consider the withdrawal to be inadmissible, decide that the order remains in force.

§ 2. Provisions on costs in the event of withdrawal of the application and Article 203 § 3 shall apply mutatis mutandis.

Chapter 3

The procedure for the upbycination

Article 497 1 . [ Conduct of the procedure for the upominable procedure] § 1. The procedure is a matter for the jurisdiction of the district and district courts.

§ 2. The Tribunal shall recognize cases in an implicit meeting.

§ 3. A judicial referendary may act as a gift in the exercise of a gift.

Art. 498. [ Grounds for the issue of order for payment] § 1. A payment order shall be issued if there is a reason for the payment of a monetary claim and, in other cases, where a special provision is such that it constitutes.

§ 2. In the absence of a basis for a payment order, the President shall designate a hearing, unless the matter may be recognised at a meeting of classified information.

Art. 499. [ Exclusions of order for payment] A payment order cannot be issued if, according to the content of the lawsuit:

1) the claim is manifestly unfounded;

(2) the circumstances referred to are in doubt;

3) satisfaction of the claim depends on the mutual benefit;

4) the defendant's whereabouts are not known or if service of the order could not be effected in the country.

Article 500. (repealed)

Article 501. (repealed)

Article 502. [ Consequences of the order, opposition] § 1. The order of payment shall be ordered to the defendant, within two weeks of service of the order, to satisfy the claim in full with the costs or at that time to object to the court.

§ 2. The defendant shall be served with the order for payment, together with the application and instruction on the manner in which he has been lodged, of the content of the Article. 503 § 1 third sentence and the effect of non-appeal.

§ 3. (repealed)

Article 502 1 . [ Notice of order for payment] § 1. If service of the order for payment cannot take place for the reasons set out in the Article. 499 point 4, the court of office repeals the order for payment, and the President shall take the appropriate steps.

(2) If, after the payment order has been issued, it is found that the defendant was not in a judicial capacity, trial capacity or body of representation at the time of the filing of the application, and the deficiencies have not been remedied within the prescribed period, the provisions of the Code, the court of office shall repeal the order for payment and issue the corresponding provision

Article 503. [ Objection] § 1. The statement of opposition shall be lodged with the court which issued the order for payment and, in the case of an order issued by a court referendary, to the court before which the proceedings were seized. The defendant should indicate whether the injunctive, in its entirety or in part, appeals to the pleas in law which, under the rigor of their loss, must be declared before being in dispute as to the substance of the case, as well as factual and factual circumstances. The court overlooks the late claims and evidence, unless the party is arguing that it did not report them in opposition without his fault or that taking into account late claims and evidence would not result in a delay in the recognition of the case or that there are other exceptional cases circumstances.

(2) If the application is lodged on an official form, the statement of opposition shall also require the conduct of that form.

Article 504. [ Rejection of opposition] § 1. The Tribunal shall reject the opposition filed after the expiry of the time limit or for other reasons which are inadmissible, or whose deficiencies have not been remedyed by the time limit.

§ 2. A ban on payment, against which the opposition in whole or in part has not been effectively opposed, shall have the effects of a final judgment.

Article 505. [ Consequences of opposition] § 1. If the opposition is lodged correctly, the order for payment shall be forfeit and the President shall appoint a hearing and shall manage the delivery of the opposition together with the call for a hearing.

§ 2. The prohibition of payment shall be forfeit in part of the contested opposition. The opposition of only one of the co-defendants of the same claim, and on one or some of the claims taken into account, shall result in the loss of the power of the order only on them.

§ 3. At the request of the defendant, the court or the referendary of a court in an implicit meeting shall issue a provision in which it shall determine the loss of the order of payment in whole or in part.

CHAPTER VI

Simplified procedure

Article 505 1 . [ Jurisdiction of district courts] The provisions of this chapter shall apply in respect of the following matters falling within the jurisdiction of the district courts:

1) for claims resulting from contracts, if the value of the subject matter of the dispute does not exceed ten thousand zlotys, and in matters of claims arising from the warranty, quality guarantee or incompatibility of consumer goods with the consumer direct sale agreement, where the value of the contract does not exceed that amount;

2) for the payment of the rent of the rental of the dwellings and the charges chargeable to the tenant and the fees for the use of the dwelling in the housing cooperative regardless of the value of the subject matter of the dispute.

Article 505 2 . [ Official Forms] The application, the response to the application, the opposition to the judgment and the letter of evidence submitted in the simplified proceedings should be drawn up on official forms.

Article 505 3 . [ Disknowledge of the case] § 1. One claim can only be claimed by one claim.

§ 2. The combination of several claims in a single lawsuit is permissible only if they result from the same contract or agreements of the same kind. In the event of an inadmissible connection in one lawsuit of several claims, the chairman shall manage the repayment of the lawsuit by applying the Article 130 1 .

§ 3. If the claimant is part of the claim, the case shall be subject to recognition in the proceedings provided for in this Chapter only if the proceedings would have been appropriate for the entire claim arising from the facts cited by the plaintiple. Otherwise, the case shall be identified without the provisions of this Chapter.

Article 505 4 . [ Amendment of action] § 1. The amendment of the action is inadmissible. Art. 75-85 and art. 194-196 and art. No 198 shall be used.

§ 2. The counterclaim and the charge of deduction shall be admissible if the claims are suitable for recognition in the simplified procedure.

Article 505 5 . (repealed)

Article 505 6 . [ Order of the sum at the discretion of the court] § 1. (repealed)

§ 2. Article 2. 278-291 does not apply.

§ 3. If the court finds that it is not possible or difficult to prove the height of the request, it may, in its judgment, give an appropriate amount in its judgment, based on the consideration of all the circumstances of the case.

Article 505 7 . [ Case Hinge] If the court finds that the case is particularly intricate or its settlement requires special messages, it shall continue to recognise it without the provisions of this chapter. In that case, no supplementary charge shall be levied on the lawsuit. Article Article 130 3 § 2 does not apply.

Article 505 8 . [ Application for reasons of judgment] § 1. An application for a statement of reasons for a judgment may also be sent to the minutes immediately after the judgment has been announced.

§ 2. For a party which has renounced the service of the judgment, the time limit for bringing an appeal shall run from the date of delivery of the judgment.

§ 3. The party present at the sitting at which the judgment was announced may, after its announcement in a statement made to the Protocol, waith the right to appeal. In the event of a waiver of the right to appeal by all eligible persons, the judgment shall become final.

Article 505 9 . [ Appeal] § 1. (repealed)

§ 1 1 . The appeal can be based on the allegations:

1) violation of material law by erroneous interpretation or misapplication;

2) infringements of the provisions of the proceedings if it could have had an impact on the outcome of the case.

§ 2. After the expiry of the time limit for bringing an appeal, the application of further charges is inadmissible.

Article 505 10 . [ Recognition of appeals] § 1. The court recognizes an appeal in the composition of one judge.

§ 2. The Tribunal may recognize an appeal in an implicit session, unless the party in the appeal or in response to the appeal demanded a hearing.

§ 3. (lost power)

Article 505 11 . [ Probing proceedings] § 1. The court of second instance shall not carry out any evidence of evidence except evidence from the document.

§ 2. The provision of the preceding paragraph does not apply if the appeal is based on a later discovery of the facts or measures of evidence from which the party could not avail himself of the court of first instance.

Article 505 12 . [ Repeal of the judgment under appeal] § 1. If the court of second instance finds that there is a breach of substantive law, and the evidence gathered does not give sufficient grounds for amending the judgment, it shall repeal the judgment under appeal and refer the case back to the retrial.

(2) Paragraph 2 (2) of the judgment under appeal may refer the case to the Court of First Instance to the exception of the provisions on simplified proceedings, even if the case pursuant to Article 4 (1) (d) of 505 1 shall be subject to recognition in this proceeding.

§ 3. The Court of Second Instance also dismissed the appeal even if, in spite of the infringement of substantive law or of the provisions of the proceedings or of incorrect reasoning, the judgment under appeal corresponds to the law.

Article 505 13 . [ Grounds for judgment by the court of second instance] § 1. (repealed)

(2) If the court of second instance did not carry out the inquiry, the grounds for the judgment should contain only an explanation of the legal basis of the judgment, with the application of the law.

§ 3. (repealed)

Article 505 13a . [ Justification of the order by the court of second instance] In proceedings pending before the Court of First Instance, the Court of First Instance shall state, of its own motion, only the provisions of an order repealing the contested decision or order.

Article 505 14 . [ Simplified procedure] § 1. In a simplified procedure, in the field of labour law matters. 466, art. 467, art. 468, art. 470, art. 471, art. 477 and art. 477 1 does not apply.

§ 2. (repealed)

CHAPTER VII

European proceedings in cross-border cases

Chapter 1

European prescribe

Article 505 15 . [ European court orders] § 1. The court shall recognize the case in the European order proceedings if 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 are fulfilled. establishing a procedure for a European order for payment (Dz. Urz. EU L 399, 30.12.2006, p. 1, from late. zm.), hereinafter referred to as 'Regulation No 1896/2006'.

§ 2. The provisions of other separate proceedings shall not apply to a case recognised under the provisions of this Chapter.

Article 505 16 . [ Judicial property] § 1. The European order procedure is one of the jurisdiction of the district and district courts.

§ 2. The European order for payment may also be issued by a court referendary.

§ 3. A judicial referendary may issue a ordinance.

Article 505 17 . [ Disknowledge of the case] The case shall be recognised in an implicit meeting.

Article 505 18 . [ European order for payment] § 1. If the European order for payment, in accordance with the provisions of Regulation No 1896/2006, can be issued only for part of the claim and the plaintierent agrees, the case for the remainder of the claim shall be recognized by the court in due course. In the cases indicated in the law, the court shall recognize the case in accordance with the provisions on separate proceedings, excluding the provisions on the order and the award procedure.

§ 2. (repealed)

Article 505 19 . [ Opposition from the European order for payment] § 1. If an objection is lodged in accordance with the provisions of Regulation No 1896/2006, the European order for payment shall be forfeit and the court shall be aware of the matter in due course. In the cases indicated in the law, the court shall recognize the case in accordance with the provisions on separate proceedings, excluding the provisions on the order and the award procedure.

§ 2. (repealed)

§ 3. (repealed)

§ 4. If the plaintiff has, in accordance with the provisions of Regulation No 1896/2006, demanded that the proceedings be terminated in the event of an opposition, the court shall, by ruling on costs as at the time of revocation of the action, decide

Article 505 19a . [ Rejection of opposition] The Tribunal shall reject the opposition filed after the due date or for other reasons which are inadmissible, as well as the opposition of which the defendant's deficiency has not been remedyed by the time limit.

Article 505 20 . [ Repeal of the European order for payment] § 1. Where it is found that there is a reference to the application of the provisions of Regulation No 1896/2006 to the European order for payment, at the request of the defendant, the court which issued it and, in the case of an order issued by a court referendary, the court of first instance, before the that the claim is being seized, and the order for payment is revoked.

§ 2. The application shall be subject to the conditions of the pleading and shall indicate the circumstances justifying the repeal of the European order for payment.

§ 3. Prior to the repeal of the European order for payment, the court shall hear the plaintile at the meeting or shall require it to make a written statement.

§ 4. The decision of the court on the repeal of the European order for payment shall be entitled to a complaint.

Chapter 2

European Small Claims Procedure

Article 505 21 . [ European Small Claims Procedure] § 1. The court recognizes the case in the European Small Claims Procedure if 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 are fulfilled. establishing a European Small Claims Procedure (Dz. Urz. EU L 199, 31.07.2007, p. 1, from late. zm.), hereinafter referred to as 'Regulation (EC) No 861/2007'.

§ 2. The provisions of other separate proceedings shall not apply to a case recognised under the provisions of this Chapter.

Article 505 22 . [ Judicial property] § 1. The European Small Claims Procedure falls within the jurisdiction of the district and district courts.

§ 2. The Referendary of the Court may issue order.

Article 505 23 . [ Disknowledge of the case] The case shall be recognised in an implicit meeting. The court may appoint a hearing in the cases referred to in the provisions of Regulation (EC) No 861/2007.

Article 505 24 . [ Reimbursement of lawsuit] Where the provisions of Regulation (EC) No 861/2007 provide that the lawsuit should be returned, the court shall issue a provision.

Article 505 25 . [ Testimony of a witness and a hearing of the party] § 1. A witness shall testify in writing if the court so decides. In such a case, the witness shall make a pledge by signing the text of the pledge. The witness is obliged to file the text of the statement in court within the time limit set by the court. The provisions of Article 4 165 § 2, art. 274 § 1 and art. 276 shall apply mutatis mutandis.

§ 2. The hearing of the party shall be heard in writing if the court so decides. Article Article 303 does not apply.

Article 505 26 . [ Judgment] The judgment delivered in an implicit meeting shall be binding on the court from the time of signing the operative part The court of its own motion shall serve the judgment of the two parties with the appeal of the remedies available to them.

Article 505 27 . [ Repeal of judgment] § 1. The provisions of Article 4 505 9 -505 11 , art. 505 12 § 1 and 3 and Art. 505 13 is used.

§ 2. In the judgment under appeal, the court of second instance shall refer the case to the case for recognition, except for the provisions on separate proceedings.

Article 505 27a . [ Repeal of judgment by the court] § 1. Where it is found that there is a basis in the provisions of Regulation No 861/2007 the basis for the repeal of the judgment, at the request of the defendant the court which issued it, shall repeal the judgment.

§ 2. The application shall be to the satisfaction of the terms of the pleading and indicate the circumstances justifying the repeal of the judgment.

§ 3. The court may recognize the motion in an implicit meeting. Before the judgment is set aside, the court shall hear the plaintile at the meeting or request a written declaration from it.

§ 4. The decision of the court on the annulment of the judgment shall be entitled to a complaint.

CHAPTER VIII

Electronic procedures

Chapter 1

Electronic reminimisation

Article 505 28 . [ Electronic commemorative procedure] In the proceedings referred to in this Chapter, the provisions on admonition proceedings shall apply with the distinctions arising from this Chapter.

Article 505 29 . [ Separate electronic gift-to-gift procedure] Provisions on separate proceedings other than those referred to in Article 4 shall not apply in the electronic up-bying procedure. 505 28 and the provision of art. 139 § 5.

Article 505 29a . [ Claims that can be made in electronic up-bying proceedings] In electronic gift proceedings, claims which have become due in the period of three years prior to the date of the action may be made.

Article 505 30 . [ Fixation of court action, referendary and chairman] § 1. (repealed)

§ 2. The tasks of the court, the referendary and the chairman shall be settled exclusively in the ICT system, and the electronic data produced in their results shall be supplied by qualified electronic signature.

Article 505 31 . [ Scripture] § 1. The reason is that the letters are written only through the ICT system.

(2) If the defendant makes a choice to make written pleadings through a computerised system, further letters in the case shall be lodged by the defendant only through that system.

§ 2 1 The letters filed through the ICT system do not require the signature of the signature referred to in Article 4. 126 § 5.

§ 3. (repealed)

§ 4. The court instructs the defendant on the first service of the effect of bringing a letter through the teleinformatic system on the first service.

§ 5. (repealed)

§ 6. (repealed)

Article 505 32 . [ Pozew] § 1. In the lawsuit, the reason should point out the evidence in support of his claims. The evidence is not attached to the lawsuit. Article Article 128 does not apply.

§ 2. The lawsuit should also include:

1) the PESEL number or NIP number of the defendant who is a natural person, if he is obliged to have it or possesses it without such an obligation or

2) the number in the National Court Register, and in the absence thereof-number in another proper register, records or NIP of the defendant not being a natural person, who is not obliged to enter in the proper register or records, if he is obliged to its possession,

3) the date on which the claim is due.

§ 3. The Tribunal may sentence for a fine of the plaintir, his statutory representative or a representative who, in bad faith or due to the failure to exercise due diligence, has marked the particulars referred to in Paragraph 2 (1) or (2) and Article 2 (2) and Article 2 (2). 126 (2) (1).

Article 505 33 . [ No grounds for issuing a order for payment] § 1. In the absence of grounds for the order for payment, the court shall refer the case to the court according to the general jurisdiction.

§ 2. The transfer of the case shall be effected only on the grounds of the claimant.

Article 505 34 . [ Notice of order for payment] § 1. In the cases referred to in Article 502 1 § 1 and 2 of the court of office shall waive the order for payment and refer the matter to the court according to the general jurisdiction, unless the plaintile within the prescribed period removes the obstacle to the service of the order for payment.

§ 2. The transfer of the case shall be effected only on the grounds of the claimant.

Article 505 35 . [ Objection to the order for payment] No evidence shall be attached to the opposition from the order for payment.

Article 505 36 . [ Correct objection] If the opposition is lodged correctly, the order for payment shall be forfeit in its entirety and the court shall refer the matter to the court according to the general In such a case, no supplementary charge shall be levied on the application.

Article 505 37 . [ Formal lawsuits] § 1. After the transfer of the case to the court according to the general jurisdiction, the President urges the plaintiits only to demonstrate the strengthening, unless it is possible to establish that the court has been empowered by the list or other register to which the court has access by road. electronic, or to submit a power of attorney, and after the transfer of the case pursuant to Article 505 33 § 1 or Art. 505 34 The President shall also invite the claimant to pay a supplementary fee to the application, within a period of two weeks from the date of service of the call for remission of the proceedings. In the event of failure to remedy these deficiencies, the lawsuit shall be terminated by the court.

§ 2. Where an objection is raised by a statutory representative, an authority or a person referred to in Article 67 or the representative of the President shall invite the defendant exclusively to demonstrate the strengthening, provided that the statement of the court's affirmation is not possible on the basis of the list or other register to which the court has access by electronic means, or submission power of attorney-within a period of two weeks from the date of service of the call. Failure to remedy these deficiencies does not justify the rejection of the opposition.

Article 505 38 . [ The recognition of the complaint to the order issued in the electronic gift procedure] The recognition of a complaint against an order issued in electronic gift proceedings shall be made in the composition of a single Judge. In proceedings pending the effect of the complaint, the provisions of Article 4 (1) of Regulation (EU) no 505 30 § 2 and art. 505 31 shall apply mutatis mutandis.

Article 505 39 . [ Court of First Instance on the resumption of proceedings] In the event of a complaint for the resumption of proceedings, the court shall refer the case to the court in general jurisdiction The court shall have jurisdiction in accordance with the general jurisdiction to resume the proceedings.

THE SECOND BOOK

NON-PROCEDURAL PROCEEDINGS

TITLE I

General provisions

Article 506. [ Initiation of proceedings] The Tribunal shall initiate non-trial proceedings upon request; in the cases indicated in the law, the court may initiate proceedings also ex officio.

Article 507. [ Property Property] Cases belonging to the non-procedural proceedings shall be recognized by the district courts, except for cases where the jurisdiction of the district courts is reserved.

Article 508. [ Local Property] § 1. If the local jurisdiction is not indicated in the specific provision, only the court of residence of the applicant shall be competent, and, in the absence of residence, the court of residence of the applicant. The proceedings shall be brought by the courts of the place where the proceedings are based on the opening of proceedings. In the absence of the above-mentioned grounds, the court for Warsaw will be the competent court.

§ 2. Where the competent court cannot determine the case or take another action, or where there is a need for reasons of advisability, the Tribunal shall appoint another court to hear the case in whole or in part in a secret session.

§ 3. The designation shall take place either at the request of the competent court or at the request of the competent authority or of the person concerned, after having heard the other persons concerned, where appropriate.

Article 509. [ Composition of the Court] Cases of adoption in the first instance shall be recognized by a single judge and two jurors.

Article 509 1 . [ Powers of the referendary of the court] § 1. A judicial referendary may be carried out by a perpetrator in a perpetrative procedure.

§ 2. Actions in proceedings belonging to the jurisdiction of the district courts leading the court records may execute the court referendary, excluding the conduct of the hearing.

§ 3. Actions in the field of succession law may be carried out by a court referendary, with the exception of the conduct of the hearing, the security of the inheritance and the hearing of witnesses to the oral testament.

§ 4. A court referendum may be carried out by a court referendary, except for cases of dismissal of a non-deposit.

Article 510. [ Participation in proceedings] § 1. Interested in the matter is everyone, whose rights are concerned with the outcome of the proceedings, he may take part in any state of the case until the end of the proceedings in the second instance. If he takes part, he becomes a participant. The refusal to take part in the case shall be entitled to a complaint.

§ 2. If it is found that the person concerned is not a participant, the court will call on him to participate in the case. By calling to take part in the case, the requested participant shall become a participant. Where necessary, the appointment of a curator for the replacement of the person concerned whose whereabouts are unknown shall be appointed by the office.

Article 511. [ Application for the initiation of a proceeding] § 1. The request for the opening of proceedings should be to the satisfaction of the provisions on the lawsuit, with the change that instead of the defendant should be mentioned in the case.

§ 2. The prosecutor's requests for the opening of proceedings shall not apply the provisions of art. 55 and 56.

Article 511 1 . [ Reimbursement of request] § 1. In the operation of the perpetrators and in the proceedings of a register, a request subject to a fixed fee which has not been duly paid shall be reimbursed by the President without a call for payment of that fee. In the order for the return of the letter, the amount of the fixed fee payable shall be indicated.

§ 2. Within a period of one week from the date of service of the order for the return of the letter on the grounds specified in § 1, the applicant may pay the missing fee. If the fee has been paid in the appropriate amount, the application shall have effect from the original date of the transfer. This does not take place in the event of a further recovery of the claim for the same reason.

Article 512. [ Withdrawal of request] § 1. After the beginning of the meeting or following a written declaration by any of the participants, the withdrawal of the application shall be effective only if the other participants have not objected within the prescribed period.

§ 2. Withdrawal of the application for the initiation of proceedings shall be ineffective in a case which may have been initiated ex officio.

Article 513. [ Non-residentation of participants] The non-instability of the participants does not include the recognition of the case. The provisions on the verdict shall not apply.

Article 514. [ Judicial meetings] § 1. The hearing shall take place in the cases indicated in the Act. In other cases, the designation of the hearing depends on the discretion of the court. In spite of the failure to appoint a hearing, the court may hear the participants at the court hearing or request written statements from the participants before the decision is made.

§ 2. However, even in cases where the law requires a hearing to be carried out, the court may, without calling on the parties concerned to participate in the case, dismiss the application at the classified meeting, if the content of the application shows the obvious lack of the applicant's entitlement.

Article 515. [ Evidence of testimonies of witnesses and expert opinions] The Tribunal may, in accordance with the circumstances, interview witnesses and experts without a pledge and in the absence of the participants, may also request from persons who are not participants to make an explanation in writing.

Article 516. [ Judgment of the Court] Decisions of the court in non-procedural proceedings shall be made in the form of provisions, unless the special provision provides otherwise.

Art. 517. [ Grounds for and service of the provisions] The court shall justify and service the provisions in accordance with the provisions of Article 4. 357, however, shall not be served by the decision of the participant who, at the time of the meeting, after the announcement of the decision has waivly served his service.

Article 518. [ Challenging provisions] Appeals against the provisions of the court of first instance which adjudicate on the substance of the case. The other provisions of the court of first instance, in the cases referred to in the Act, shall be entitled to a complaint.

Article 518 1 . [ Complain of the decision of the referendary] § 1. (repealed)

§ 2. (repealed)

§ 3. In the event of a complaint, the entry in the register of perpetual entry does not lose its power. In recognition of the case, the court shall amend the contested entry by deleting it and issuing a new alert, or issue a provision to which the entry under appeal is in force, or repeals it in whole or in part, and whether or not it rejects or rejects it, the proceedings of the umpire.

§ 3a. In the registration procedure for entry into the National Court Register and the register of pledges in the event of bringing a complaint against the decision of the referendary managing the entry, it remains in force until the application of the complaint by the district court recognizing the case as the court of first instance. In recognition of the case, the court shall issue an order in which the contested decision and its application shall maintain, or repeal, in whole or in part, the application shall reject or reject or redress the proceedings.

§ 4. The complaint shall be lodged with the court within a week of:

1) from the day of the act, when the participant was present at it or was notified of its due date;

2. in other cases than those mentioned in point 1, from the date of service of the notification to the participant of the operation;

3) in the absence of a notification-from the date of the finding of the action, including that in the proceedings for entry into the National Court Register for participants of the proceedings, whose provisions as to the substance of the case do not serve, the time limit for the transfer complaints shall run from the date of entry in the Registry.

§ 5. (repealed)

§ 6. (repealed)

Article 519. [ Term] For a participant who has renounced the service, the time limit for bringing an appeal shall run from the announcement of the order.

Article 519 1 . [ Cassation complaint] § 1. From the court of second instance, the provisions on the merits of the case and the decision on the rejection of the application and the closure of the proceedings in respect of matters relating to the law of personal, factual and succession. A cassation appeal to the Supreme Court shall be entitled, unless a special provision provides otherwise.

§ 2. In cases of family law, caring and guardianment, the cassation is only entitled to the adoption of the apprenticesses and the distribution of the assets to the extent that the property is shared between the spouses, unless the value of the subjectmatter of the appeal is contested. is less than one hundred and fifty thousand zlotys.

§ 3. In the register proceedings, the cassation application shall be entitled only from the provisions of the court of second instance on the entry or removal from the register of the subject of registration.

§ 4. A cassation complaint shall not be entitled to any of the following:

1) forfeiture of things;

2) Management Board related to co-ownership or use;

3) securing the inheritance and inventory, listing the succession items, the management of the decline not covered and the dismissal of the executor of the will;

4) the abolition of co-ownership and division of inheritance, if the value of the subject of the appeal is less than one hundred fifty thousand zlotys;

5) liquidation of the non-deposit of deposits.

Article 519 2 . [ Claim of non-compliance with the law of a final decision] § 1. A finding of illegality may be required of a decision as to the merits of the case of the court of second instance terminating the proceedings in the case where the party concerned has suffered damage, and the amendment or repeal of that order the legal remedies available to the party were not and could not be possible.

§ 2. In exceptional cases, where the illegality is due to a breach of the fundamental principles of the law or constitutional order of freedom or of human rights and of the citizen, it may also be required to establish a noncompliance with the law of the right to the right of the right to the merits of the case of the court of first or second instance terminating the proceedings in the case, if the party has not exercised its legal remedies, unless it is possible to amend or repeal the order by way of other entitled parties legal measures.

Article 520. [ Reimbursement of costs of proceedings] § 1. Each participant shall bear the costs of the proceedings relating to its participation in the case.

§ 2. If, however, the participants are to varying degrees of interest in the outcome of the proceedings or their interests are contradicted, the court may relatively separate the obligation to reimbursing the costs or put it on one of the participants in its entirety. The same applies to the reimbursement of the costs of the proceedings submitted by the participants.

§ 3. If the interests of the participants are contradicted, the court may put on a participant whose applications have been dismissed or rejected, the obligation to reimbursable the costs of the proceedings incurred by another participant. This provision shall apply mutatis mutandis where the participant has acted unconsciously or, of course, improperly.

Art. 521. [ Effectiveness and enforceability of the provisions] § 1. If a special provision does not otherwise constitute, the decision on the substance of the case shall take effect, and if it requires execution, also enforceable, after the authority has become eligible.

(2) If such a provision is made subject to the act of enforcement before the court of justice, the court which issued the order may, in the circumstances of the law, suspend its execution.

Art. 522. [ Execution from office] Provisions issued in a case which may be initiated ex officii shall be carried out ex officiat.

Art. 523. [ Amendment or repeal of the order] The final decision on the substance of the case may not be amended or repealed, unless the special provision provides otherwise. However, a final decision to dismiss the application of the court may alter the circumstances of the case in the event of a change.

Art. 524. [ Reopening of proceedings] § 1. A participant in the proceedings may require the resumption of proceedings which have been concluded by a final decision on the merits of the case, but the revision of the procedure shall not be admissible if the order terminating the proceedings may be amended or repealed.

§ 2. The interested party, who has not been a participant in the proceedings terminated by a final decision on the merits of the case, may request the resumption of proceedings if the order violates his or her rights. In that case, the provisions on the resumption of the proceedings shall apply as a result of the deprivation of action.

Article 525. [ Case Records] The case file shall be accessible to the participants in the proceedings and with the permission of the Chairperson, for anyone who needs to be reviewed sufficiently justifiable. Under the same conditions, it shall be admissible:

1) drawing up and receiving extracts and extracts from the file of the case;

2) receiving a record of sound or image and sound from the case file.

TITLE II

Provisions for specific types of cases

SECTION I

Personal rights cases

Chapter 1

Death recognition and death

Division 1

Procedure for the recognition of the deceased

Art. 526. [ Court Property] § 1. In cases of recognition of the deceased, the court of the last place of residence of the missing person shall have jurisdiction, and in the absence of that basis, the court referred to in Article 508 § 1.

§ 2. If more persons are missing from the same event, the Supreme Court may, at the request of the Minister of Justice, designate one court as only competent to identify the cases in connection with the event. The order of the Supreme Court shall be subject to the notice in the Official Journal of the Republic of Poland "Monitor Polski".

Article 527. [ Applicant] Any person concerned shall be entitled to submit an application for recognition as deceased.

Article 528. [ Deadline for the application] An application for recognition of the deceased may be declared no earlier than one year before the end of the term, after which the missing person may be declared dead. However, if the deceased's recognition may take place after a year or less than a year from the event that justifies the likelihood of death of the missing person, the application for recognition of the deceased may not be notified until after that date.

Article 529. [ Application content] § 1. The application for recognition of the deceased, in addition to the data necessary for the application for the initiation of proceedings, shall include:

1) the name, surname and age of the missing, the names of his parents and the surname of the mother's ancestry;

2) the last known place of residence and the stay of the missing.

§ 2. The circumstances justifying the application shall be prima facie.

Article 530. [ Notice of Initiation] § 1. If, according to the content of the application, there are grounds for recognition of the deceased, the court shall order the notice of initiation.

§ 2. Notice of Initiation shall include:

1. the name and address of the applicant;

2) data concerning the missing person and the relevant circumstances known from the file of the case, which may contribute to the detection of the missing person;

3) a call addressed to the missing person, so that within the prescribed period, not less than three, and not more than six months, he/she reports, because otherwise he may be declared dead;

4) a call addressed to all persons who may give a message about the missing person, to give them to the court within the above time limit.

Art. 531. [ Way of announcement] § 1. The notice of initiation shall be entered in a letter of initiation throughout the State and shall be made publicly available to the public at the place of the last residence of the missing person in the manner in which the proceedings are adopted.

§ 2. The Tribunal may order the publication of the notice in other letters and give it to the public also in any other way as it deems appropriate.

Article 532. [ Term] Further proceedings may be pending before the expiry of the time limit set out in the notice, but may not be completed earlier than after:

1) the time limits provided for in the Civil Code;

2) three months after the announcement of the announcement;

3) the month after the end of the deadline set in the notice.

Article 533. [ Hearing of persons close to] Before issuing a decision declaring a missing person to be missing, the court should hear, as far as possible, the person close to the missing person.

Art. 534. [ Proceedings of the Authority] If, in the course of the proceedings for recognition of the deceased, it appears that the death of the missing person is unquestionable, the court will carry out further proceedings of the office according to the provisions of the next branch.

Division 2

Procedure for the declaration of death

Article 535. [ Application of branch provisions 1] The procedure for determining the death of a person whose death in spite of the non-regulation of the death certificate is unquestionable shall apply accordingly the provisions of the branch prior to the amendments provided for in the Chapter of this chapter.

Art. 536. [ Application request] An application for a declaration of death may be requested at all times.

Art. 537. [ Notice of proceedings] § 1. The Order of the Notice of Initiation is not mandatory.

The Court of First Instance may, however, if it considers it appropriate, order the declaration to be made in a manner determined by itself. That notice shall apply mutatis mutandis. 530 § 2; the time limit set in the notice shall not be less than one month or more than three months.

§ 3. In the case provided for in the preceding paragraph, the proceedings may not be completed earlier than one month after the publication of the notice and two weeks after the end of the period prescribed in the notice.

Article 538. [ Marking the moment of death] § 1. In the order finding the death, the moment of death shall be strictly determined according to the results of the proceedings.

§ 2. If the exact determination of the moment of death is not possible, the moment is most likely to be taken.

Division 3

Repeal of the provisions on recognition of the deceased or the statement of death

Article 539. [ Scope of procedure] Proof that a person who is declared dead or whose death has been found to have been found alive or that death has taken place at a time other than that which is marked in the judgment may be carried out only in the proceedings unregulated in this branch.

Article 540. [ Court Property] The competent court is the court, which in the first instance held the recognition of the deceased or the statement of death.

Article 541. [ Applicant] § 1. An application for the revocation of a decision declaring a death to be dead or of a death may be declared by any person concerned. The Tribunal may also revoke it from office.

§ 2. The Tribunal shall invite you to participate in the case of participants in the proceedings in which the order for the recognition of the deceased or the death of the deceased has been made.

Article 542. [ Repeal of the order] If there is evidence that a person who is declared dead or whose death is found to be dead is alive, the court shall order the decision to be set aside. In the event of evidence of a different moment of death than marked in the order of recognition of the deceased, the court shall abrogate the order of recognition of the deceased only if at the same time assureate the death.

Art. 543. [ Repeal of the order] If a person who has been found dead or who has been found to have been declared dead will appear in person in court and show his or her identity, the Tribunal shall, without delay and without further proceedings, waive the order for the recognition of the deceased or the statement of death.

Chapter 2

Incapacitation

Division 1

General provisions

Art. 544. [ Property] § 1. Cases of incapacitation belong to the jurisdiction of the district courts, which shall be recognised as a part of three professional judges.

§ 2. In such cases, the court of the place of residence of the person to whom the application for incapacitation is concerned and, in the absence of residence, the court of residence of the person concerned shall be the competent court.

Art. 545. [ Entitled to request a request] § 1. An application for incapacitation may report:

1) the spouse of the person to whom the request for incapacitation is concerned;

2) her relatives in a straight line and siblings;

3. its statutory representative.

§ 2. The relatives of the person to whom the request for incapacitation is concerned shall not be permitted to submit this request if the person has a statutory representative.

§ 3. The application for partial incapacitation may be notified for one year before the person to whom the request for incapacitation is concerned shall be reached.

§ 4. Anyone who has requested an application for incapacitation in bad faith or recklessly shall be punished by the fine.

Art. 546. [ Participants] § 1. The participants in the proceedings of incapacitation shall, by virtue of the law itself, except for the applicant:

1) the person to whom the application relates;

2. its statutory representative;

3) the spouse of the person concerned by the request for incapacitation.

§ 2. The proceedings are pending with the prosecutor's office.

§ 3. Non-governmental organisations whose statutory tasks include the protection of the rights of persons with disabilities, the granting of assistance to such persons or the protection of human rights, may enter into the proceedings at any stage of it.

Article 547. [ Hearing of the person concerned with a request for an incapacitation] § 1. The person to whom the request for incapacitation is concerned must be heard immediately after the opening of the procedure; the hearing should take place in the presence of a psychologist and, depending on the state of health of the person to be heard, the expert Psychiatrist or neurologist.

§ 2. In order to hear the person concerned by a request for incapacitation, the court may order the person to be forcible to bring that person to trial or to hear it by a appointed judge. The order of the court of forcible bringing the person into trial shall be entitled to a complaint.

§ 3. The inapplicability of the person to whom the request for incapacitation is concerned shall be noted in the minutes after hearing the expert and the psychologist who participated in the meeting.

Division 2

Temporary Advisor

Art. 548. [ Establishment of a temporary adviser] § 1. If the application for incapacitation concerns a person of age, the court may, at the request of a participant in the proceedings or of its own motion, at the initiation or in the course of the proceedings, set up a temporary adviser for it where it considers it necessary for the protection of the person concerned or property.

§ 2. Prior to the establishment of the provisional adviser, the person to whom the request for incapacitation is concerned should be heard.

§ 3. A temporary adviser should be established in particular by a spouse, a relative or other person who is close to the person concerned, provided that he does not preclude the good of the person concerned by the application for the incapacitation.

§ 4. The court may ask the NGO mentioned in art. 546 § 3 to indicate the person who could be established as a temporary adviser.

§ 5. An order for the establishment of an interim adviser shall take effect upon the service of the person to whom the application is made. In the cases referred to in Article 556 the order becomes effective at the time of issue.

Article 549. [ Person partially incapacitated] § 1. The person for whom a temporary adviser has been established has limited capacity for legal acts on a par with a person incapacitated partially.

§ 2. The provisions on the curator of a partially incapacitated person shall apply to the provisional adviser.

Art. 550. [ Loss of capacity of the decision to establish an adviser] § 1. An order for the establishment of a temporary adviser shall be repealed with effect from the following:

1) the request for incapacitation has been legally dismissed or rejected, or the proceedings have been decommitted;

(2) A guardian or curator has been established as a result of a decision on incapacitation.

§ 2. The Tribunal shall dismiss the temporary adviser if the need for further protection of the person to whom he/she applies for incapacitation or property is to be further protected.

Art. 551. [ Notice of establishment of the temporary adviser] § 1. A court of care must be notified of the office of establishment or cancellation of a provisional adviser.

(2) In order to establish or dismiss a temporary adviser, a complaint may be granted.

Division 3

Procedure

Art. 552. [ Medical Certificate] § 1. If, on the basis of the application, the incapacitation is to be adjudicated on grounds of mental illness or mental retardation, the court shall, within the prescribed period, request the application to submit a medical certificate issued by a doctor within the prescribed period. a psychiatrist about the mental state of the person concerned by a request for incapacitation, or an opinion of a psychologist about the degree of mental disability of that person. If the incapacitation is to occur due to drunkenness, the court also requests the attestation of the addiction counsellor certificate, and if the incapacitation is to occur due to drug addiction-a certificate of addiction treatment counsellors.

(2) The Court of First Instance shall reject the application for incapacitation if the content of the application or the documents accompanying the application does not prima facie evidence the existence of a mental illness, mental redevelopment or any other type of psychiatric disorder of the person whom it is entitled to refers to a request for incapacitation or, in the event of failure of the requested certificate, opinion or certificate, unless it is not possible to submit such documents.

Article 553. [ Test requirement] § 1. The person to whom the request for incapacitation is concerned must be examined by a psychiatrist or neurologist, as well as a psychologist.

§ 2. Opinion of the expert in addition to assessing the state of mental health or mental disorder or mental development of the person concerned by the application for incapacitation should include a motivated assessment of the scope of her ability to self-administer his the conduct and conduct of its affairs, taking into account the conduct and conduct of that person.

Art. 554. [ Observation in the treatment facility] § 1. The Tribunal may, if it considers it necessary on the basis of the opinion of two medical experts, order the person to whom the request for incapacitation is concerned, for a period of not more than six weeks, under observation in the establishment of the medicinal product. In exceptional cases, the court may extend this period to three months.

§ 2. Before issuing the order, the court will hear the participants of the proceedings.

§ 3. The order governing the depart to the establishment shall be entitled to a complaint.

Article 554 1 . [ Probing proceedings] § 1. The investigation procedure should determine, in particular, the state of health, the personal, professional and property situation of the person concerned by the application for the incapacitation, the type of matters requiring the person to pursue and the manner in which he/she needs to be met. of life.

The Tribunal may oblige those persons who remain in the Community to submit a list of assets belonging to that person and to make a pledge to the person concerned by the request for incapacitation. The provisions of Article 4 913, 915-917 shall apply mutatis mutandis.

Article 555. [ Requirement to carry out the hearing] The decision on the incapacitation may collapse only after the hearing.

Art. 556. [ Hearing of the person subject to incapacitation] § 1. The court may waive the service of a court, summons or hearings of a person to whom an application for incapacitation is concerned, if it considers it less than a person's health, as defined in the opinion of a psychiatrist or neurologist. and psychologists issued after the study. This shall not apply to the hearing referred to in Article 4. 547. The order of the court shall be entitled to a complaint.

§ 2. In the cases referred to in paragraph 1, the court of justice shall, in order to protect the rights of the person to whom the application for incapacitation is concerned, establish the probation officer in the course of the proceedings, unless he/she has a statutory representative who is not an applicant. The provisions of Article 4 548 (3) and (4) shall apply mutatis mutandis. The order of the court shall be entitled to a complaint.

Art. 557. [ Restoration of incapacitation] In the order of incapacitation, the court shall decide whether or not the incapacitation is complete or partial, and for what reason it shall be adjudicated.

Art. 558. [ Notification of a court-care court] § 1. The court, which has ruled on the incapacitation, manages ex officio the sending of a custodial court to the court of justice, which has been declared incapacityinthegisation.

§ 2. In the event of a dismissal of an application for incapacitation, the court shall notify the court of care of the need to establish a curator for a disabled person.

Article 559. [ Repeal and change of incapacitation] [ 14] § 1. The Tribunal shall waiver incapacitation where the reasons for which it has been adjudicated may be established, and the office may also be revoked.

§ 2. The Court of First Instance may, in the event of an improvement in the mental state of incapacitated alteration, alter the total anhydride to partial and, in the event of a deterioration of this condition, change the partial incapacitation to a total.

§ 3. An application for repeal or the change of incapacitation may also occur in an incapacitated state.

Article 560. [ Challenging provisions] § 1. The contested provisions shall be incapacitated by itself even if an interim adviser or a curator has been established.

§ 2. The following shall not apply to the appeals brought by the person to whom the application for incapacitation is sought. 368. The appeal lodged by the person to whom the request for incapacitation is sought shall not be rejected as a result of the failure to remedy the formal deficiencies.

Article 560 1 . [ Establishment of a lawyer in matters relating to the incapacitation of the person] In cases of incapacitation, for the revocation and change of incapacitation, the court may lay down for the person to whom the request for incapacitation is concerned, or for the incapacitated person, the lawyer or the legal adviser of the office, even without the application thereof, if the person due to the state of mental health is not able to submit an application and the court finds the participation of a lawyer in the case for need.

SECTION II

Cases of family law, caring and guardianal law

Chapter 1

Matrimonial matters

Article 561. [ Permit to marry] § 1. The consent of the marriage to a woman who is not at the age of eighteen shall be granted a procuring court upon her application. The decision to grant an authorisation shall take effect as soon as the authorisation is granted and may not be amended or repealed.

§ 2. Authorisation of marriage to a person affected by mental illness or mental or mental retardation and persons of duty in a simple line shall be granted by the court at the request of those persons.

§ 3. The decision to grant an authorisation shall mention the person with whom the marriage is to be concluded. The court shall hear the applicant, the person with whom the marriage is to be concluded and, if necessary, the relatives of the future spouses, before issuing the decision to decide on such a request. When it comes to granting an authorisation to a person affected by mental illness or mental illness, the court will consult the expert doctor as far as the psychiatrist is able to do so.

Article 561 1 . [ Management Board of Environmental Intelligence] In the cases referred to in Article 561, the court may order an environmental intelligence officer to conduct an environmental interview in order to determine the conditions under which the persons applying for the permit are living.

Article 562. [ Exemption from the obligation to submit a document] Exemption from the obligation to make the official status of a document required for the conclusion of marriage shall be granted by the court at the request of the person required to deposit the document.

Art. 563. [ Plenipotentiary] A person who intends to grant a power of attorney shall be entitled to submit an application for authorisation to submit a declaration of marriage to the marriage.

Art. 564. [ Circumstances exempting marriage] The order determining whether the circumstance presented by the Head of the Civil State Office shall exclude the conclusion of a marriage, as well as whether the circumstances presented by the Head of the Civil State Office justify the refusal:

1) the acceptance of statements of marriage in marriage,

2) the issue of a certificate of no circumstances excluding the conclusion of marriage, referred to in art. 4 1 Family and caring code,

3) the issuance of a permit to marry before the expiry of the period referred to in art. 4 of the family and caring code,

4) drawing up the act of marriage concluded in accordance with art. 1 § 2 of the Family and Custodial Code,

5) the issue of a certificate stating that, in accordance with Polish law, a marriage can be concluded,

the court shall issue a hearing after the hearing.

Art. 565. [ Essential family matters] § 1. The decision on essential matters of the family in the absence of the spouses ' agreement, as well as the authorisation of the action to which the consent of the second spouse is required or whose second spouse has opposed it, may take place only after the the opportunity to give an explanation to the applicant's spouse, unless his/her hearing is not possible or intentional.

(2) The same applies to a court order that the remuneration of a work or other claims falling within one of the spouses must be paid in full or in part to the other spouse.

§ 3. Article 1 (1) applies also to the decision to exclude the liability of the spouse for the obligations incurred by the other spouse in matters arising from satisfying the normal needs of the family, as well as to the repeal of the provision in that case The subject

Article 565 1 . [ Environmental Interview] In the cases referred to in Article 565, the court may order the curator to conduct an environmental intelligence officer to determine the conditions under which the spouses live.

Art. 566. [ Court Property] In the case of a division of property in common after the statute of property between spouses, the court of the place of property shall have jurisdiction, and if the common property has been determined by the death of one of the spouses, the court of succession.

Art. 567. [ Distribution of common assets] § 1. In proceedings for the distribution of assets in common after the statute of property between the spouses, the court also decided to request unequal shares of the spouses in the common property and of the expenses, expenses and other benefits of the property. in common to personal property or vice versa are recoverable.

§ 2. In the event of a dispute as to the establishment of unequal shares in the common property, the court may decide on the matter in the preliminary determination.

§ 3. The proceedings for the distribution of assets in common after the statute of property between spouses and, in particular, for separate proceedings in the cases referred to in the first paragraph, shall apply mutatis mutandis to the division of inheritance.

Article 567 1 . [ The jurisdiction of the court in matters of separation] In cases of separation in accordance with the request of the spouses, and in cases of the abolition of separation, the courts of the district are competent in kind. In those cases, it is appropriate to have a court in which the spouses have a common residence and, in the absence of such a basis, the court of residence of their common residence. If the spouses do not have a common place of residence or stay, the application must be filed in the competent court for one of the spouses, in accordance with the art. 508.

Article 567 2 . [ Closure of proceedings in the case of separation] § 1. In the case of separation in accordance with the request of the spouses and the abolition of the separation in the event of the withdrawal of the application, or in any other way of disagreement with the decision of separation or for the abolition of the separation by any of the spouses He will be dead. Article Article 512 § 1 shall not apply.

§ 2. In the event of the death of one of the spouses, the proceedings will be

Article 567 3 . [ Separation of separation] § 1. The order of separation of the court shall issue after the hearing.

§ 2. In the course of the proceedings, the court urged the spouses to reconcile. If the reconciliation does not occur, and the postponement of the hearing would not be intentional, the court will proceed to recognize the case.

Article 567 4 . [ Determination of separation of separation] The order for the abolition of the separation of the court shall issue after the hearing.

Article 567 5 . [ Consequences of the opening of the separation procedure] As soon as the proceedings for the abolition of separation are initiated, the proceedings for the eviction of one of the spouses remaining separated from the common housing, as well as the procedure for the use of the spouses, shall be suspended from the office. remaining separated from the common apartment. As soon as the decision on the abolition of the separation is legitimised, the proceedings shall be removed from office.

Chapter 2

Other family and caring cases

Division 1

General provisions

Art. 568. [ Guardian court] The court of care is a family court.

Art. 569. [ Property] § 1. The competent court is solely the court of care of the place of residence of the person whose proceedings are to be concerned and, in the absence of residence, the court caring for the place of her stay. If there is a lack and this basis-the district court for Warsaw is the right one.

§ 2. In cases of emergency care, the caring court shall issue ex officio any necessary arrangements even in respect of persons who are not subject to its local jurisdiction, and shall inform the local caring court of the appropriate authority.

Article 570. [ Initiation of ex officio] The procuring court may initiate proceedings ex officio.

Article 570 1 . [ The determination of data concerning the minor and its environment] § 1. The guardianship court may order the curator to conduct an environmental interview, and to ask the appropriate organisational unit to support the family and foster care system for information concerning the minor and its environment, and in particular concerning the behaviour and conditions of the minor, the situation of the former family, the course of the education of the minor and the way of leisure, his or her environmental contact, his/her relationship to his parents or guardians, tackling the educational, health and environmental impacts of the minor addiction to the minor.

§ 2. When with the family of a minor family assistant leads the work specified in the rules on supporting the family and system of foster care, the procuring court shall request the information referred to in § 1, to the competent organizational unit support for family and foster care system.

§ 3. The procuring court may request the information to the competent organisational unit of the family and foster care system in order to identify the persons who are competent to provide the child with a family roast of foster care.

Article 570 2 . [ Mediation Item] In a case in which the conclusion of the settlement is admissible, the court may refer the participants to the mediation. The subject of mediation may also be the definition of how parental authority is performed. If the participants in the proceedings have not agreed on the person of the mediator, the court shall direct them to the mediation conducted by the permanent mediator referred to in art. 436 § 4.

Article 571. (repealed)

Article 572. [ Obligation of notification] § 1. Any person who is known to be an event justifying the initiation of proceedings shall be obliged to inform the procurator of the event.

§ 2. Obligation mentioned in § 1 of the pregnancy primarily at civil status offices, courts, prosecutors, notaries, bailiers, self-government bodies and government administration, police bodies, educational institutions, social caregivers, and organisations and establishments involved in the care of children or mentally ill persons.

Article 573. [ Capacity of the process] § 1. The person who is under parental authority, care or guardianship shall have the capacity to act in the proceedings concerning the person concerned, unless there is no capacity for legal action.

The Tribunal may limit or exclude the personal participation of a minor in the proceedings if they speak in favour of that parental care.

Article 574. [ Notice of order] § 1. The procuring court may order the personal residency of the person under parental authority or care, as well as order the forced sling of such a person.

(2) If a person who is under parental authority or custody has no capacity to act in the proceedings, the procurator may order that the person concerned be brought to the court by a fine to anyone who is in the custody of the person concerned.

Article 575. [ Application of provisions on the effects of the absence of witnesses] The personal appearance of other participants in the proceedings shall be applied in cases which may be initiated ex officio, provisions on the effects of the absence of witnesses and, in other cases, the provision of Article 4 (1) of the Rules of Procedure. 429.

Article 575 1 . [ Explicit exclusion] In matters of caring for minors, the court of its office shall administer the entire meeting or its parts at the closed door if the interests of the minor against the public recognition of the case are brought against the public.

Article 576. [ Hearing of the loved ones] § 1. Before giving a ruling on the merits of the case, the protective court will hear the legal representative of the person concerned. In the case of more important cases, the person who is close to that person should also be heard.

§ 2. The Tribunal shall hear it in cases involving a person or property of the child if his/her mental development, state of health and degree of ripeness permit, taking into account, where possible, his reasonable wishes. The hearing shall take place outside the court of the court meetings.

Article 577. [ Change of Order] The procuring court may change its order even if it requires the good of the person to whom the proceedings are concerned.

Article 578. [ Effectiveness of provisions] § 1. The provisions of the guardianship court shall be effective and enforceable at the time of its publication, and when the notices have not been made, as soon as they are issued.

§ 2. The Tribunal shall, within 7 days from the date on which the order of deprivation of parental authority is entitled, send this provision to the appropriate adoption centre, the operator of the databank of the data on children waiting for adoption.

Article 578 1 . [ Grounds for initiating the procedure] § 1. The basis for the opening of the executive proceedings shall be the judgment of the court or the settlement concluded before the court, the enforceability of which was established by the court, or a settlement concluded before the mediator, after its approval by the court.

§ 2. For the declaration of enforceability referred to in § 1, Art. 364 shall apply mutatis mutandis.

§ 3. Enforceability of the decision shall be determined by the court

Division 2

Cases in the field of relations between parents and children

Article 579. [ Parental authority] Provisions in matters of entrusting exercise, restriction, suspension, deprivation and restoration of parental authority, establishment, restriction or prohibition of contact with a child may be issued only after a hearing has been carried out. This is also the case for a change in the decisions on the subject, contained in the judgment ruling the divorce, the separation, the annulment of the marriage or the fixing of the child's origin. Such provisions shall become effective and enforceable after the authority has become eligible.

Article 579 1 . [ Placement of a child in a replacement furnace] § 1. After the news of the placement of the child in foster care without the decision of the procurator, the court shall immediately initiate the care of the caring.

§ 2. If the placement of the child in foster care has been carried out in accordance with art mode. 12a of the Act of 29 July 2005. to counteract domestic violence (Dz. U. of 2015 items 1390) the court immediately, after hearing the social worker who received the child from the family, but not later than within 24 hours, shall issue a ruling on the placement of the child in a foster care, or the ruling on the child's return to the family.

§ 3. The procuring court shall periodically, at least once every six months, assess the situation of the child placed in a replacement furnace in order to determine the possibility of returning the child to the family. If the welfare of the child so requires, the court shall initiate proceedings of deprivation of the parental authority of his or her parents.

Article 579 2 . [ Pre-placement of the child in the foster family or family home of the child] § 1. Before placing a child in a foster family or a child's family home, the court shall consult:

(1) the opinion of the relevant social assistance centre, the opinion of the competent organiser of the foster family, information on the role of the foster family or the family member of the child's home and the information in the data register conducted by the appendix on the basis of the rules on the promotion of the family and the replacement furnace system;

2) the opinion of the starost competent because of the place of the place of the family of foster care-in the case of placement of the child in a family roast of foster care in the area of another district than the district of the child's residence.

§ 2. The opinion referred to in paragraph 1 (2) shall include, in particular, information on the applicant's fulfilment of the conditions for the replacement or family home of the child, as laid down in the rules on the promotion of the family and the system. foster care.

Article 580. (repealed)

Art. 581. [ Recognition of paternity] § 1. The recognition of paternity may also take place before a court of guardianship wrongly according to general provisions. In such an accident, the competent court of care shall be notified of the recognition.

§ 2. If the Head of the Office of Civil State refused to accept the statements necessary for the recognition of the paternity, the recognition of the paternity may take place only in front of the caring court, due to the seat of the civil status office, the manager of which refused the adoption of such statements.

§ 2 1 If the consul refused to accept the statements necessary for the recognition of paternity, the recognition of paternity may take place only in front of the district court for the city of Warsaw.

§ 3. The guardianship court refuses to accept the claims necessary for the recognition of paternity if the recognition is inadmissible or indoubt as to the origin of the child.

Art. 582. [ Essential child cases] The decision on essential matters of the child for which no agreement between parents may occur may take place only after the parents have been given the opportunity to make statements, unless they have been combined with excessive difficulties.

Article 582 1 . [ The court's powers in matters of contact with the child] § 1. In matters of contact with the child, the provision of art. 582 shall apply mutatis mutandis.

§ 2. The court of care in order to ensure the execution of contacts may in particular:

1) require the person entitled to contact the child or the person under whom the child is baked remains, to cover the travel and subsistence expenses of the child or the person accompanying the child, including the costs of returning to the place of permanent residence;

2) require the person under whose care the child remains, to deposit on the deposit account of the Minister of Finance the appropriate amount of money in order to cover the eligible expenses associated with the execution of the contact in the event of a non-performance or improper the performance of the duties of the person responsible under the contact order; this does not apply to foster families, family homes, families of assistance, care and educational establishments, regional care and therapeutic centres and the intervention of preadoptive centres;

3) take away from the person entitled to contact with the child or the person under whom the child is baked remains, pledge of the specified behavior.

§ 3. In the event of a legitimate concern in breach of the obligations arising from the provision of contact by the person under which the child is baked, or the person entitled to contact the child or the person to whom that contact has been prohibited, the caring court may to threaten to order the payment of the amount of money to be paid in accordance with the rules laid down in the Article. 598 15 :

1) to the person under whose care the child remains-in favour of the person entitled to contact the child or

2) the person entitled to contact the child or the person whose contact has been prohibited-in favour of the person under whom the child is baked remains.

§ 4. The provision of § 3 shall apply mutatis mutandis to the judgment in which the court specified that the child will be living with each of the parents in repeated periods.

Art. 583. [ The Board of Assets] Authorisation for the parents to make a task exceeding the scope of the ordinary management of the child's property or to express the consent of the parents to carry out such action by the child the guardianer shall grant, at the request of one of the parents, listening to the other. The order of the procuring court on this subject shall only become effective once the court has become eligible and may not be amended or repealed where the legal effects on third parties have been established on the basis of the authorisation.

Article 584. [ Give your child a name] The decision to give the child the name shall take effect only after the entitlement to the child has been authorised. The provisions of such a caring court may not be amended or repealed.

Division 3

Adoption cases

Article 585. [ Initiation of proceedings] § 1. The care court shall initiate proceedings at the application of the apprenter.

§ 2. This application shall be notified in the care court to the appellant or to the person to be used.

§ 2 1 . In the application referred to in § 1, the appender also indicates the adoption centre in which the adoption procedure was covered, as referred to in the Act of 9 June 2011. to support family and foster care system (Dz. U. of 2016 r. items 575 and 1583).

§ 2 2 The Tribunal shall request the adoption centre referred to in the application referred to in paragraph 1 of this Article:

1) a certificate of completion by the adoption of training for the candidates for the adoption of the child, taking into account art. 172 (1) 2 of the Act of 9 June 2011. to support the family and foster care system;

2) the qualification opinion of the candidate for adoption of the child.

§ 3. Article 87 (3) shall apply mutatis mutandis.

Article 585 1 . [ Indication of adopters by parents] § 1. Indication of the adoptive person by the parents referred to in art. 119 1a the Act of 25 February 1964. -Family and care code (Dz. U. of 2015 items 2082 and from 2016 items 406, 1177 and 1271), before a court of care competent for the appellant or the person to be fit.

§ 2. In the case of an indication referred to in § 1 prior to the initiation of the adoption proceedings, the procuring court shall set a time limit within which the appelabing parents indicated by the adoptive parents should apply to the procuring court of the application for adoption of the application. rigorous not including indication. This deadline may not exceed two weeks.

Article 585 2 . [ Notice of the Prosecutor] The court shall inform the public prosecutor of the proceedings in respect of cases in which the application for adoption concerns a child not notified to the adoption centre.

Art. 586. [ Rozprawa] § 1. The court of care shall be adjudicated on the adoption of the hearing after the hearing.

§ 2. The hearing calls for adoption and persons who are required to be accepted by adoption.

§ 3. Parents who have given their consent to the adoption of their child in the future without the adoption of the appellant are not invited to trial. In the case of such parents, they may not participate in the proceedings.

§ 4. Before issuing a judgment, the procuring court shall request the opinion of the adoption centre and, if necessary, the child's reasonable good may also consult another specialised establishment.

§ 5. The opinion of the adoption centre referred to in paragraph 4 shall include in particular:

1) the name of the adoptive and the place of his or her residence or stay;

(2) an opinion on candidates for adoption of the child;

3) establish the relationship between welded and adoptive;

4) establish the relationship between the adoptive parents and the adoptive parents;

5) other relevant to the court the information about the adoption or adoption of the appruse.

Article 586 1 . [ Complaint] In order to determine the manner and period of personal contact, the adoption of the adoption shall be entitled to a complaint.

Art. 587. [ Cancellation and suspension of proceedings] § 1. In the event of the death of the adoptive or the person to be the occasion, the court caring the proceedings of the umber.

§ 2. However, proceedings shall be suspended in the event of the death of the adopter, who applied for adoption jointly with the spouse, until the time of the appointment of the probation officer of the probation officer.

Art. 588. [ Effectiveness of Order] The decision of the adoption of the adoption shall take effect after the adoption of the right of entitlement to the decision. The provisions of such a caring court may not be amended or repealed.

Art. 589. [ Consent for adoption] § 1. For the adoption of a child in the future without an indication of the appellant, parents may also express their residence or stay in the care and care courts of the child. This shall also apply to the declaration of the cancellation of such consent.

§ 2. The certificates referred to in the preceding paragraph shall contain:

1. the name of the child and the place of his or her residence or stay;

2) the content of the agreed consent or its appeal.

§ 3. A protocol shall be drawn up for the adoption of a declaration of consent to the adoption of the child in the future or of the cancellation of such consent. The cancellation of the consent shall be made in the protocol in which the adoption of the adoption of the adoption of the agreement has been expressed.

Division 4

Cases in the field of care

Article 590. [ Custodian Pledge] Embracing the care of the maintainer makes the following vow: "I swear that I am entrusted with the duties of the guardian of the care of all the conscientiousness and in accordance with the social interest, always having regard to the good of the person who is subject to my care."

Art. 591. [ Certification] § 1. Upon submitting a pledge by the procurator, the procurator shall issue him a certificate.

§ 2. Upon dismissal of the carer or the care act, the guardian is obliged to return the certificate received to the procurator.

Art. 592. [ Request for exemption] The caring court shall, at the request of the person established by the guardian, decide within one week of service of the decision on the exemption from the obligation to take care of the custody of the person concerned.

Art. 593. [ Permits] Permits in any major cases involving a person or property of a person who is in custody shall be granted a care by the procurator at the request of the procurator. The order shall take effect once the person has become eligible and may not be amended or repealed where, on the basis of the authorisation, legal effects on third parties have arisen.

Art. 594. [ Delegation] The Minister responsible for public finance in agreement with the Minister of Justice will determine, by way of regulation, the rules and mode of submission by cash guardians of the banking institution, taking into account the protection of the interests of the persons remaining under the care and competence of the welfare court referred to in art. 593.

Article 595. [ Reports] The Custodian shall submit an oral or written report to the Custodian of the Custodian of the person who is in custody. The report shall be submitted in writing by the person's wealth management board, unless the court has authorised him to report to the minutes.

Art. 596. [ Custody Account] To take part in the examination of the final account of custody, the guardianship will call upon the person who has been taken care of, if it has full legal capacity, in other cases, the statutory representative of that person or of his heirs, if they are a custodian of the court.

Article 597. [ Guardian's salary] § 1. In the order to grant the guardian of the remuneration, the court shall authorise the guardian to collect the remuneration of the income or the property of the person in custody, or to establish that the remuneration is to be paid out of public funds.

§ 2. The order referred to in § 1 shall become enforceable only after it has been legitimised.

Art. 598. [ Grzywna] § 1. A caring court can measure a fine to a person who is abrogated from taking care of the care.

§ 2. The caring court may measure the fine of the guardianer who does not execute the orders of the procurator court. If the order is executed, the fine yet unpaid may be decommitted.

Division 5

Cases of receipt of a person subject to parental authority or being taken care of

Article 598 1 . [ Notification of the application's written request] § 1. A copy of the application shall be served on the removal of the person subject to parental authority or of the prosecutor in custody and shall be notified of the dates of the hearing.

§ 2. (repealed)

§ 3. In the cases referred to in § 1, art. 570 does not apply.

Article 598 2 . [ Proceedings for the removal of a person subject to parental authority] § 1. During the proceedings for the removal of a person subject to parental authority or in custody pending in the Convention on the civil aspects of the abduction of a child abroad (Dz. U. of 1995 items 528 and 1999 items 1085), cannot be resolved in the subject of parental authority or custody of this person. The proceedings in those cases shall be suspended by the court of its own motion as soon as the proceedings for the removal of the person subject to parental authority have been initiated or taken into custody.

§ 2. Upon termination of the proceedings for the removal of a person subject to parental authority or remaining in custody, the court will take the suspended proceedings.

§ 3. In a case other than that referred to in paragraph 1, if the application for the withdrawal of the person subject to the parental authority or the remainder of the care is necessary for the application of the parental authority with a view to the parental authority, the conduct of the proceedings shall be In accordance with the provisions of Article 4 579.

Article 598 3 . [ Determination of whereabouts] If the whereabouts of a person subject to parental authority or in custody are not known, the court will carry out an appropriate investigation to determine the whereabouts of the person. In particular, the court may request the determination of the location of her stay by the Police.

Article 598 4 . [ Edition of the decision] A ruling on the merits of the case may be issued only after the trial.

Article 598 5 . [ Court's order] In the order for the removal of a person subject to parental authority or in custody, the court shall determine the time limit within which he or she should give the rightwing person subject to parental responsibility or to the custody of the person.

Article 598 6 . [ Enforced dismissal of a person in case of failure to comply with the order] Where the obligation to give a person subject to parental authority or in custody does not comply with the provision referred to in Article 598 5 The court shall, at the request of the rightholder, instruct the judicial officer to take away that person.

Article 598 7 . [ Forced removal of a person] If necessary, the court shall request the compulsory receipt of a person subject to parental authority or in custody by a court curator acting in a court in whose district the person actually resides.

Article 598 8 . [ Courser's authority] The probation officer shall be entitled to receive the person subject to the parental authority or to be taken care of from any person in whom it is located.

Article 598 9 . [ Forced Person Receive Mode] The compulsory receipt of a person subject to parental authority or in the custody and devotion of a person may take place only in the presence of the authorized person or the person or representative of the institution empowered by him. If none of these persons become within the time limit set by the probation officer, the action will not be made.

Article 598 10 . [ Provision of assistance by the Police] At the request of the probation officer, the Police shall be obliged to assist him with the activities associated with the compulsory receipt of a person subject to parental authority or being taken into custody.

Article 598 11 . [ Forced slead] § 1. If the forced removal of a person subject to parental authority or of the remaining person under the care of the parental authority encounters an obstacle as a result of the concealment of that person or as a result of another action taken to frustrate the enforcement of the decision, the court curator shall Notifies the prosecutor.

§ 2. If he is obliged not to disclose the whereabouts of a person subject to parental authority or remaining under the care to be received, the court at the request of the probation officer shall manage his forced sentry to make a statement of the place of this person's stay. In terms of penal effects, the statement is tantamount to making a statement under the pledge, which the judge should warn the filing of the statement.

§ 3. If a person who is under the authority of a parental authority or who is under the care of a person who is under the responsibility of the probation officer is required to interfere with the execution of the decision, the Police shall remove those persons from the place of enforcement of the decision.

Article 598 12 . [ Receiving a person] § 1. When receiving a person subject to parental authority or being under the care of a probation officer, he should exercise extreme caution and do everything to ensure that the person's well-being is not compromised, and in particular not to suffer physical harm. or moral. If necessary, the probation officer may request the assistance of a social welfare authority or another appointed to that institution.

(2) If, as a result of the enforcement of the decision, it would be of serious prejudice to the interests of the person under parental authority or in custody, the probation officer shall refrain from carrying out the decision until the risk is established, unless the cessation of the the enforcement of the decision creates a more serious threat to that person.

Article 598 12a . [ Conditions of re-investigation of the forced removal of a person] The procedure laid down in Article 598 6 -598 12 may be retaken on the basis of the same provision as referred to in Article 598 5 If, within a period of three months from the date of issue of that provision, the provisions relating to the parental authority, the place of residence, care or contact with the child have been contrary to the provisions of that provision, and the circumstances justifying its issue, have not changed.

Article 598 13 . [ Application of provisions of the Act] The provisions of Article 4 598 6 -598 12 shall apply mutatis mutandis to the enforcement of decisions adopted on a Article Article 2 (2) of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Community

Article 598 14 . [ Enforced receipt of a person on the basis of a court decision or another authority of a foreign state] § 1. For forcient pickup, according to art. 598 6 -598 12 A declaration of enforceability of that decision shall be necessary on the basis of a decision of a court or other body of a foreign state, who is under the authority of parental authority or of the other State. The provisions of Article 4 1150-1151 2 and 1151 4 shall apply mutatis mutandis.

§ 2. The application referred to in Article 2. 598 6 He shall be entitled to a court of care which would have jurisdiction in respect of the removal of the person subject to parental authority or of the custody of the person who is under the care of the parental authority.

Division 6

Cases concerning the exercise of contacts with the child

Article 598 15 . [ Effects of non-execution, improper exercise or breach of obligations arising out of a decision or a settlement] § 1. If the person under whom the child is baked remains, does not exercise or improperly carries out the duties resulting from the decision, or from a plea agreement concluded before the court or before the mediator on the contact with the child, the procuring court, taking into account the property of that person shall, at the same time, jeopardise the payment order to the person entitled to contact the child of the sum of the sum of money for each breach of duty.

§ 2. If the person entitled to contact the child or the person whose contact has been prohibited violates the obligations arising from the decision or from a settlement concluded before the court or before the mediator on the contact with the child, the protective court will endanger the person under whom the child is baked shall be ordered to pay the sum of money for the benefit of the person under whom the child is baked, using the provisions of paragraph 1 respectively

§ 3. The provisions of the court referred to in paragraphs 1 and 2 shall be entitled to a complaint.

Article 598 16 . [ Warrant for the payment of the amount of money indicated] § 1. If the person whose protective court has threatened to order the payment of the sum of money, he/she does not continue to fulfil his obligation, the caring court orders it to pay the amount of the money due, fixing the amount according to the number of infringements. The General Court may, in exceptional cases, change the amount of the monetary amount referred to in Article 4. 598 15 , due to the change of circumstances.

§ 2. The provision of § 1 shall apply mutatis mutandis if the person whose court has threatened to order the payment of the marked amount of money in accordance with Art. 582 1 § 3 has committed an infringement of the obligation arising from the decision on contacts.

§ 3. The order of the court shall be entitled to a complaint.

§ 4. The final decision of the court in which the payment of the monetary amount due is ordered shall be the enforceable title without the need to give it a declaration of enforceability.

Article 598 17 . [ Reimbursement of costs incurred in connection with the preparation of the contact] § 1. If the contact has not been carried out as a result of failure or improper performance by the person under whom the child is baked, the obligations arising from the decision or of an agreement concluded before the court or before the mediator on contacts with him or her a child, the procuring court shall give the person entitled to contact the reimbursement of his justified expenses incurred in the preparation of the contact, including the costs referred to in Article 4 (1). 582 1 Article 2 (1)

§ 2. The provision of § 1 shall apply mutatis mutandis if the person entitled to contact the child violates the obligations concerning the contact arising from the decision or from a settlement concluded before the court or before the mediator.

§ 3. The order of the court shall be entitled to a complaint.

§ 4. The final decision of the court shall be the implementing title without the need to give it a declaration of enforceability.

Article 598 18 . [ Disable the use of art. 570 on the exercise of contacts with the child] § 1. In the exercise of contacts with the child of art. 570 does not apply. The application shall also require the issue of any further provision referred to in the preceding provisions of this branch.

§ 2. Prior to the issuance of the provisions referred to in this section, the court will hear the participants of the proceedings.

Article 598 19 . [ Formal requirements for the opening of proceedings] § 1. A copy of the enforceable judgment or of the enforceable settlement before the court or before the mediator on contacts with the child shall be attached to the application for the initiation of a procedure in this branch.

(2) If the proceedings are to be held on the basis of a decision of a court or of another body of a foreign country or of a settlement concluded before a court or other body of a foreign country or of an approved body, it is necessary to establish the enforceability of that or a settlement. The provisions of Article 4 1150-1151 2 , 1151 4 and 1152 shall apply mutatis mutandis.

Article 598 20 . [ Closure of proceedings] The Tribunal shall be terminated if, within six months of the final decision, no further application has been received in respect of the exercise of contacts with the child.

Article 598 21 . [ Disable the use of art. 577] For matters governed by this Article. 577 does not apply.

Article 598 22 . [ ruling stipulating that the child will live with each of the parents in repeated periods] The provisions of this branch shall apply mutatis mutandis to the judgment in which the court specified that the child will be living with each of the parents in repeated periods.

Chapter 3

Kurateli cases

Art. 599. [ Child Conceived] The court of care competent to establish a curator for a child conceived, but not yet born, shall be the court of jurisdiction according to the place of residence or residence of the mother.

Article 600. [ Appointment of a Curator] § 1. The curator for a disabled person a protective court shall establish at the request of this person, and with the consent of the disabled person-also at the request of the NGO, mentioned in art. § 3.

§ 2. Where the condition of a disabled person excludes the possibility of submitting an application or consent, as referred to in § 1, the court may establish a curator from office. The court may establish a curator from office also in the case referred to in art. 558 § 2.

Art. 601. [ Non-present person] For a person who, by reason of his absence, cannot carry out his/her cases and does not have a proxy, establishes the probation officer at the request of the person concerned by the court caring the place of the last residence or stay of the person not present.

Article 602. [ Investigation of paternity] The jurisdiction of the local care court to establish a curator for paternity investigations in the event of the death of an alleged father shall be determined according to the place of residence or stay of the child, even if the child is no longer subject to the parental authority, nor care.

Article 603. [ Establishment of a curator for a legal person] § 1. The probation officer for the legal person shall establish a registry court in which the district of the person has or has had its last seat.

§ 2. The Tribunal may initiate proceedings of its own motion.

§ 3. The order shall be effective and enforceable at the time of its publication, and when the notice has not been made, at the time when it was issued.

Article 603 1 . [ Establishment of a curator with reverse mortgage] The curator referred to in art. 26 par. 1 of the Act of 23 October 2014. Reverse mortgage credit (Dz. U. of 2016 r. items 786), establishes a court of jurisdiction for the location of the property.

Article 604. [ Probation for curator] In a certificate to the curator, the court shall determine the scope of its powers.

Article 605. [ Application of provisions on treatment in matters of care] The provisions on custody cases are hereby applied in the subjects not set out in the Chapter.

SECTION III

Issues in the field of legal rights

Chapter 1

General provisions

Article 606. [ Property] In matters of legal right, the court of affairs shall have jurisdiction.

Article 607. [ Attachments] Applications concerning immovable property disclosed in the register of documents or for which a collection of documents is carried out must be accompanied by a copy from the perpetual ledger or a certificate of the legal status which is apparent from the set of documents.

Article 608. [ Rozprawa] Matters within the scope of the right in rem shall be recognised at the hearing, unless the special provision provides otherwise.

Chapter 2

Statement of the planting

Article 609. [ Applicant, announcement] § 1. Any person concerned shall be entitled to submit an application for a declaration of ownership.

§ 2. If the applicant does not point to other interested parties, the decision may collapse only after the other interested parties have been called upon by the notice. The Tribunal may also order an advert in other cases, if it considers it advisable.

§ 3. The announcement should include the precise identification of things, the name of the holder of the goods, and, as far as the movable assets are concerned, his place of residence as well.

Article 610. [ Application of the provisions on the determination of the acquisition of inheritance] § 1. In the case of an unregulated area in this Chapter, the provisions on the acquisition of the inheritance and the subject matter of a recovery order shall apply to the notice and the decision.

(2) If, within the period indicated in the notice, no one is to be declared or the declarant shows the property, the court shall determine the planting, if it has been proven.

Chapter 2a

Forfeiture

Division 1

Forfeiture of goods under the customs legislation

Article 610 1 . [ Forfeiture of things] § 1. The provisions of this branch shall apply in cases of forfeiture of goods which are forfeited on the basis of customs legislation.

§ 2. In the cases referred to in § 1, the competent court shall be the place where the goods in the goods are dealt with by the customs authority.

Article 610 2 . [ Initiation of proceedings] § 1. The proceedings shall be initiated at the request of the customs authority. The application shall be accompanied by a protocol of instruction on the obligation to indicate in Poland a proxy for service and the consequences of failure to comply with this obligation, if such a protocol has been drawn up.

§ 2. The customs body may require, in a single application, the forfeiture of goods which are occupied or detained in the same factual circumstances, if, moreover, the court is competent for each case.

Article 610 3 . [ Participant residing abroad] A participant residing in a non-Member State of the European Union who has not established a proxy for the conduct of a case residing in the Republic of Poland in proceedings in customs affairs, nor has he indicated in the Republic of Poland the plenipotentiary for service of the court shall be left in the file with effect of service. In the event of the establishment of a proxy for the conduct of a case residing in the Republic of Poland, which cannot be a procedural representative, its establishment shall be deemed to be an indication of the proxy for service.

Article 610 4 . [ Designation of the hearing] The designation of the hearing depends on the discretion of the court.

Article 610 5 . [ Implementation of the decision] The competent customs authority shall be responsible for the decision on the forfeiture of the goods. Enforcement of the decision shall take place in accordance with the rules laid down in the law on enforcement proceedings in the administration, taking into account the customs legislation.

Division 2

Forfeit of vehicles

Article 610 6 . [ Application of branch rules and jurisdiction of the court] § 1. The provisions of this branch shall apply in cases of forfeiture of vehicles which, on the basis of the provisions of the law on road traffic, are forfeited in favour of the district.

§ 2. In the cases referred to in paragraph 1, the competent court shall be the court from which the vehicle is removed.

§ 3. The cases referred to in § 1 shall be recognized in an implicit meeting, unless the court decides otherwise.

Article 610 7 . [ Initiation of proceedings] § 1. The procedure shall be initiated at the request of the starost.

§ 2. The Starosta may claim in one application the decision of forfeiture of vehicles removed in the same factual circumstances, if, moreover, the court is competent for each case.

Chapter 3

Joint-owned and tenancy management

Article 611. [ Request for disclosure of the Management Board] Real estate manager established on the basis of art. 203 and 269 § 1 of the Civil Code is required to notify the request for disclosure of the Management Board in the perpetual book or set of documents immediately.

Article 612. [ Using things] § 1. At the time of the appointment of the co-owners or the user, the user can only use the item as long as it does not interfere with the management of the board. At the request of another co-owner or manager, the co-owner or the user may be deprived of the use of the goods if it is disturbed by the manager in the performance of the task.

§ 2. The order of the court shall be entitled to a complaint.

Article 613. [ Surplus of income] § 1. The surplus of revenue after the payment of expenditure shall be paid to the co-owners or users within the time limits laid down by the court of first instance.

The Court of First Instance may decide that the liquidator shall issue co-proprietors with surplus income in kind.

Article 614. [ Management Board Repeal] The court will repeal the board when the basis for further its duration falls off.

Article 615. [ Application of provisions on management in the execution of real estate executions] Save as otherwise provided for in the above provisions, provision shall be made for the appointment of the liquidator and the management of the management board in accordance with the provisions of the management in the course of the execution

Article 616. [ Designation of the hearing] Except as provided for in Article 199, 201 and 202 of the Civil Code, as well as cases concerning the appointment and dismissals of the liquidator, the designation of the hearing depends on the discretion of the court.

Chapter 4

Elimination of co-ownership

Article 617. [ Application content] The request for the abolition of joint ownership should be precisely set out in favour of the subdivision and the evidence of ownership.

Article 618. [ Dispute Settlement] § 1. In the proceedings for the abolition of joint ownership, the court also resolves disputes over the right to demand the abolition of joint ownership and the right of property, as well as the mutual claims of the joint owners for the possession of things. In concluding the dispute over the right of a request for the abolition of joint ownership or of the right of property, the court may issue a preliminary decision on the matter.

§ 2. As soon as proceedings for the abolition of joint ownership are initiated, the separate proceedings in the cases referred to in the preceding paragraph are inadmissible. Pending cases shall be referred for further recognition to the court conducting the proceedings for the abolition of joint ownership. If, however, the proceedings for the abolition of joint ownership were initiated after the judgment has been delivered, the transfer shall take place only if the court of second instance has failed the judgment and the case shall be referred back to the case again. The proceedings in matters which have not been given, the court shall die when the proceedings for the abolition of joint ownership have been concluded.

§ 3. After a final decision has been taken on the abolition of joint ownership, the participant shall not claim the claims provided for in the first paragraph, even if they have not been notified in the proceedings for the abolition of joint ownership.

Article 619. [ Ownership of the agricultural holding] § 1. In the proceedings for the abolition of the joint ownership of the agricultural holding, the court shall determine its composition and value, in particular the area and type of immovable property of that holding, and the area and type of immovable property already owned co-owners and their spouses and, where appropriate, the circumstances provided for in the Article. 216 of the Civil Code.

§ 2. The division in nature will take place after consultation of experts as to how to divide.

Article 620. (repealed)

Article 621. [ Split Project] The design of the division of immovable property into parts should be indicated in the plan drawn up in accordance with the rules applicable to the determination of the immovable property in the perpetual accounts.

Article 622. [ Compatible breakdown] § 1. In the course of proceedings for the abolition of joint ownership, the court should urge the co-owners to carry out the division in a consistent manner, indicating the ways in which they can lead.

§ 2. When all co-owners submit a compatible application as to the way of abolition of joint ownership, the court will issue a provision corresponding to the content of the application, if the requirements referred to in the two preceding articles are met and the project of division does not oppose the law or the principles of social coexistence, nor does it violate the interests of the righorers.

Article 623. [ Breakdown in nature] Where there are no grounds for a provision under the preceding article, and the conditions for a division in kind are maintained, the court shall make that division into the proportion corresponding to the shares of the co-owners, taking account of any circumstances in accordance with the socio-economic interest. The difference in value is compensated by cash payments.

Article 624. [ Issue of things] As soon as the provisions conferring on the co-owners of a part or one of them have become final, the whole of the property shall be transferred to the participants indicated in the order. If, as a result of the division of all or part of it, a co-owner who does not rule that thing or part of it, the court in the order for the abolition of joint ownership shall also be ordered by the others to issue or empty the property. co-owners of the premises located on the property, specifying the timing of the issue of the items or the emptying of the premises as appropriate. The time limit for the issue of immovable property forming part of an agricultural holding or part or of emptying of the premises on the farm shall take account of the socio-economic interest.

Article 625. [ Sales of things] In the order governing the sale of the items belonging to the co-owners, the court or tribunal shall decide on the mutual claims of the co-owners, or only the management of the sale, postponing the mutual claims of the co-owners and the the breakdown of the amount obtained from the sale until it has been carried out.

Chapter 5

Establishment of the necessary route and post-service

Article 626. [ Proposal] § 1. In the request for the establishment of the necessary road, it is necessary to identify the owners of all the immovable property through which it would lead the road to make the property of the applicant appropriate access to the public road.

§ 2. Before issuing an order to establish the way necessary, the court should carry out proof of the visual inspection of the property, unless the circumstances relevant to the delimitation of the necessary road are unreasonable and unquestionable or that carrying out the proof of the other reason is not needed.

§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis in matters of the establishment of a transmission service.

Chapter 6

Winding-up proceedings

Article 626 1 . [ Diagnosis of cases in perpetrative proceedings] § 1. Cases in the perpetual proceedings shall be recognized in an implicit meeting.

§ 2. Participants to the proceedings except the applicant are only those persons whose rights have been deleted or ordered or for which the entry is to take place.

§ 3. It shall not prevent the entry of the fact that, after the application has been lodged, the applicant or any other participant in the proceedings has died or has been deprived of, or limited to, the capacity to dispose of the law or in the capacity for legal action.

§ 4. (lost power)

§ 5. (repealed)

Article 626 2 . [ Request for entry] § 1. The application for entry shall be made on an official form.

§ 2. (repealed)

§ 3. The application for entry shall be accompanied by the documents which form the basis of the entry in the perpetual register.

§ 3 1 . To the application for entry in the perpetual ledger on the basis of the executive title referred to in art. 783 § 4, it is appropriate to attach a document obtained from the teleinformatic system enabling the court to verify the existence and content of the enforcing title.

§ 4. Where the documents annexed to the application show that there has been a change in ownership, the court shall, by drawing up the application, apply an article. 626 13 § 1.

§ 5. An application for entry may be submitted by the owner of the property, the perpetual user, the person in respect of whom the entry is to take place, or the creditor, if he is entitled to the right, which may be entered in the register of the perpetual. 213) In cases concerning the charges arising under the Act, the application may be lodged by the competent authority.

Article 626 3 . [ Exemption of the application of the reopening of the procedure] The provisions on the resumption of proceedings shall not apply to the operation of the perpetual notice.

Article 626 4 . [ Application for entry submitted by administrative enforcement authority] § 1. The notary, the bailician and the chief of the tax office acting as administrative enforcement authority shall submit an application for entry only through the ICT system. The application shall be accompanied by a qualified electronic signature.

§ 2. The application referred to in paragraph 1 shall be accompanied by the documents which form the basis of the entry in the guestbook, if they have been drawn up in electronic form.

§ 3. Documents which form the basis of the entry in the perpetual register in the form of an electronic notary, the bailig and the chief of the tax office acting as administrative enforcement authority shall send the court to the court competent to keep the book the perpetual public within three days from the date of submission of the application for entry.

§ 4. In the case of applications submitted by notaries and bailiffs, the obligation to correct or supplement the application rests with the notarial or creditor side of the application respectively. The court shall, at the same time, notify the creditor of the creditor's obligation to amend or supplement the application by means of a televised system, indicating the nature of the formal deficiencies which prevent the application from being given the right course of action.

Article 626 5 . [ Prohibition of withdrawal of application] If it appears from the content of the application and the accompanying documents that there has been a change in ownership, the withdrawal of the application for entry of that right shall be inadmissible.

Article 626 6 . [ Order of applications] § 1. The order of the application for entry resolves the moment of the impact of the application to the competent court. The impact of the application shall be deemed to be the hour and one minute during which the request was received by the court at the time of the request.

§ 1 1 . In the moment of the impact of the request for an entry submitted via the ICT system, the hour, minute and second of the application shall be considered to be included in the system.

§ 2. Applications that have received at the same time will be considered to be complex simultaneously.

Article 626 7 . [ Registration of applications] § 1. The application for entry should be registered as soon as possible in the log of the perpetual books and bearing the following number.

§ 2. At the time of registration of the application in the journal of the perpetual books, the information on the application as a reference to the request shall be entered in the relevant section of the register of the perpetual accounts. A reference to a request made via the ICT system shall be made automatically when the application is put into the system.

§ 3. A reference to an application shall be made out of its own motion, immediately after the alert has been entered, after the order has been given for refusal to enter or to reject the application, or to remit the application, or after the order for reimbursement of the request has been authorised.

§ 4. In the event of an application for an entry in the register of perpetrators made by the referendary, the provisions of § 1 and § 2 respectively shall apply mutatis mutandis. The application shall be deleted from the office after the action has been identified.

Article 626 8 . [ Recognition of the proposal] § 1. The entry shall be made only at the request and within its limits, unless the specific provision provides for the entry of an alert from the office.

§ 2. By recognizing the application for entry, the court examines only the content and form of the application, attached to the application of the documents and the content of the register of the perpetual.

§ 2 1 . Prior to the recognition of the application for an entry under the executive title referred to in art. 783 § 4, the existence and content of this title are subject to review by a judge or court referendary in the ICT system.

§ 3. When recognizing an application for an entry in a perpetual register, the court of its own motion shall examine the conformity of the data indicated in the application with data resulting from the systems keeping the records of the universal identification numbers, unless there are factual obstacles making such a check impossible.

§ 4. By recognizing the request to change the property designation in the perpetual ledger, the court also makes an ex officio review of the data indicated in the request and disclosed in the book of perpetual determination of the property with the cadastre of the property cadastre, unless there are factual obstacles preventing such verification from being made.

§ 5. The incompatibility of the data referred to in § 3 and § 4 constitutes an obstacle to the entry of the alert.

§ 6. In the proceedings, the entry in the perpetual register shall be the judgment. The reasons for the alert shall not be established

§ 7. The inscription in the perpetual book is also a strikeout.

§ 8. An entry in a register signed by a Judge or a referendary of a court shall be deemed to have been made as soon as it is recorded in the central database of the perpetual accounts.

§ 9. (repealed)

§ 10. The establishment of the perpetual book takes place at the time of the first entry.

§ 11. The activities related to the establishment and operation of the perpetual accounts shall be carried out in the central database of the perpetual accounts.

Article 626 9 . [ Dismissal of the proposal] The court shall dismiss an application for an alert if there are no grounds for it or there are obstacles to its implementation.

Article 626 10 . [ Notice of entry] § 1. The court shall inform the participants of the written notice of the written notice. No notice shall be given to the participant who renounced the notification in writing.

§ 1 1 The renunciation of the notice may be made in the notarial act concerning the act with which the alert is binding.

§ 1 2 At the request of a participant in a notarial act, the notification of the entry shall be served by means of a computerised system, to the account indicated on that system. In the event of an indication of the account data preventing effective service, the notification of the entry shall be served in the manner prescribed in the Article. 131 § 1.

§ 2. The notice shall contain the relevant contents of the alert.

§ 3. An appeal against an alert shall be lodged within two weeks of the notification of the entry. For a participant who has renounced the notice, that time limit shall run from the date on which the alert was entered.

Article 626 11 . [ Mentions of appeal and cassation] § 1. As soon as the appeal has been lodged, the court of its own motion shall mention the appeal.

§ 2. In the event of a cassation complaint lodged, the application shall be made out of office as soon as the information concerned has been presented by the person concerned of the lodging of the cassation complaint.

§ 3. The appeal and the cassation complaint shall apply mutatis mutandis. 626 7 .

Article 626 12 . [ Change of address for service] § 1. The person to whom the law or claim is entered in the register shall be obliged to notify the court of the Tribunal without delay of any change to the address or address of the address to the person in which the claim is made. service. A person residing or having its registered office in a non-member country shall be obliged to indicate the proxy for service in the Republic of Poland.

§ 2. The provision of § 1 shall apply mutatis mutandis to the heirs or other legal successors of the person to whom the law is entered in the perpetual book.

§ 3. In the event of the negligence of the obligation referred to in paragraphs 1 and 2, a judicial letter shall be left in the file with effect of service, unless the new address is a court known to the court.

Article 626 13 . [ Warning Entry] § 1. The court of its own motion shall issue a warning alert if it perceives the inconsistency of the legal status disclosed in the perpetual book with the actual legal status. Where it is found that two or more perpetual accounts are carried out for the same property or for the same restricted right in rem, the alert shall be issued in all the perpetual accounts of the age of two or more of the perpetual legal acts. assumed for this property.

§ 2. The rectification of the failure of the entry, which may not cause the incompatibility of the contents of the perpetual book with the actual legal status, shall be made from the office.

SECTION IV

Succession cases

Introductory provisions

Article 627. [ Property Property] Succession proceedings shall be within the scope of the activities of the courts, unless a special provision provides otherwise.

Article 628. [ Local Property] For activities in succession which fall within the scope of the courts ' action, only the competent court is the court of the last habitual residence of the deceased, and if his habitual residence in Poland cannot be determined, the court of the place in which he finds Succession estate or part of the estate (court of decline). In the absence of the above grounds of the court of decline is the district court for the m.st. of Warsaw.

Article 629. (repealed)

Article 630. (repealed)

Art. 631. (repealed)

Article 632. (repealed)

Chapter 1

Security of inheritance, inventory and inventory

Article 633. [ Property] § 1. In order to secure the inheritance, the court shall have jurisdiction in which the district is situated at the time of the opening of the estate in the estate of the deceased. If the object of the security is to be the property rights of the deceased at the time of the opening of the inheritance, the competent court shall be the court of jurisdiction of the general person liable for that right, and when such person is not, the court in which the district is situated the subject of the benefit or the right. If the exercise of the property right is connected with the possession of the document, the court shall have jurisdiction in which the document is located.

(2) The Court of First Instance, which is not a court of successivity, shall inform the court of successivity of the security, its repeal and the amendment of the security measure by sending copies of the provisions of that object.

Art. 634. [ Securing inheritance] The inheritance shall be secured when it is likely that, for whatever reason, there is a risk of a breach of property or property rights which, at the time of opening of the inheritance, were in the rule or belonging to the deceased, in particular by removal, damage, destruction or unjustifiable regulation.

Article 635. [ Security on request and ex officiate] § 1. The court shall secure the inheritance at the request or from the office.

§ 2. The application may report any person who is likely to be an heir, entitled to a survivor or a writer, and, moreover, the executor of the testament, co-owner of the things, complicit in the rights of the other after the deceased, a creditor having written proof of the receivables against the deceased and the State Treasury represented by the Governor of the relevant tax office.

§ 2 1 The application shall contain a prima facie case for the reasons for which it is based.

§ 3. The security of the inheritance shall be carried out ex officio if the court of justice is of the opinion that:

1) the heir is unknown, absent or does not have full legal capacity and there is no statutory representative;

2) the governmental administration body or the body of the local government unit applied the necessary interim measures due to the threat of a breach of things which, at the time of the opening of the estate, were in the sovereignty of the deceased.

§ 4. (repealed)

§ 5. The order to secure the inheritance and to amend the security measure shall be enforcted upon its release.

§ 6. The order on the security of the inheritance shall be entitled to a complaint. The court of first instance may suspend the execution of the order under appeal pending the outcome of the disembarking.

Art. 636. [ Security measures] § 1. The court shall apply such a measure of security as it considers appropriate. If it is not possible to determine the means of protection in the order to secure the inheritance, the choice of the means of protection shall be in the baitroom.

§ 2. The security measures are, in particular, the inventory of movable property and the surrender of movable property, the lodging of a court deposit, the establishment of a provisional board, the establishment of supervision over the property. The application of one security measure does not exclude the use of other, simultaneously or sequentially.

§ 3. The establishment of a temporary administrative board may take place only if the security is subject to a firm, agricultural holding or property rights requiring security by the establishment of a provisional board.

§ 4. The provisions of Article 1 shall apply mutatis mutandis to the provisional liquidator and caretakers established in the course of the procedure for the protection of inheritance. 855-862, art. 931 and art. 933-941.

§ 5. A court deposit consists of collateralisation of money, securities, immigrant booklets or other documents confirming the conclusion of a savings account agreement, a savings and settlement account, or the account of the term savings deposits, as well as valuables, including gold coins and precious crumbs and articles of those crusaders. Valuables may also be given for the storage of the caretaker.

§ 6. If the inheritance consists of movable property which is broken down rapidly, the court shall manage their sale by the bailiers, thus marking the sale. The money obtained from the sale consists of a court deposit.

§ 7. If the property of the subject is subject to security, the court shall inform the competent institution of the security measure applied.

Article 636 1 . [ Amendment of the security measure] § 1. If necessary, the court of the office shall amend the security measure, in particular if the measure so far has not been sufficient to secure the inheritance.

Article 2 (2) of the Court of First Instance shall be waived if the security is required and, in particular, where the succession of the heir legitimising the final decision on the acquisition of the inheritance or the registered act of the certificate of inheritance is lodged. in order to cover a succession or a testament contractor or a probation curator to take over the board of inheritance property.

Article 636 2 . [ Protection of the subject of a recovery record] The provisions on security of inheritance shall apply mutatis mutandis to the safeguarding of the object of the recovery record.

Article 636 3 . [ List of inventories] § 1. The list of inventories may be filed in court of successes or in the court in which the district is located in the place of residence of the list. The court not being the court of successes shall immediately send a list of the inventory to the court of

§ 2. At the request of the heir, the recorders of the collection or executor of the will of the notary shall draw up a protocol covering the inventory list. The notary, before which the inventory list was placed, shall immediately send a copy of the minutes to the court of successes.

§ 3. The court of successes shall immediately manage the notice on the submission of the inventory.

Art. 637. [ Inventory] § 1. At the request of those who prima facie evidence that he is an heir, entitled to a survivor or a writer, or a testament contractor or creditor having written evidence of claims against the deceased, the court of succession shall issue an order for the drawing up of the census. inventory.

(2) If the inventory is drawn up by the creditor, the court of succession shall issue an order on the application after hearing the heir, unless the hearing is not possible.

§ 3. The court of succession shall immediately manage the notice on the issue of the inventory report.

§ 4. The provisions on the inventory drawing up shall be entitled to a complaint.

Article 637 1 . [ Application for inventory drawing] § 1. An application for the inventory may also be notified directly to the baiting officer who would have been competent to comply with the court's order of succession of the inventory.

2. The Comorator shall immediately proceed to the drawing up of the inventory and shall inform the court of succession which shall issue an order for the inventory. If the court has either rejected or rejects the application referred to in paragraph 1 or the proceedings, the list drawn up by the bailiers shall give rise to the same effects as the submission of the inventory.

Article 638. (repealed)

Article 638 1 . [ Announcement] § 1. Notices referred to in Article 636 3 § 3 and art. 637 § 3, shall be posted on the website and on the notice board of the court of decline.

§ 2. The announcement shall include:

1) first and last name, PESEL number, if given, and the last address of the deceased;

2) the date of death of the deceased.

§ 3. The notice referred to in Article 636 3 § 3, in addition to the data referred to in § 2, shall also include the instruction that:

1. a composite inventory may be consulted by any person who is sufficiently justified by such a need;

2. persons referred to in Art. 637 § 1 may submit an application for an inventory.

§ 4. The notice referred to in Article 637 § 3, apart from the particulars referred to in § 2, it shall also include the instructing that the persons referred to in Article 2 637 § 1 may participate in the drawing up of an inventory, in particular to report items belonging to inheritance, items of collection records or debts which are subject to inventory in the inventory.

Article 638 2 . [ Securing inheritance] § 1. In cases where the order to secure the inheritance, to amend the measure of security or to draw up the inventory was issued ex officio, the court which issued the order shall direct the baitman to make a security of the inheritance, the amendment of the security measure or the inventory.

Article 2 The basis of the procedure for the enforcement of the freezing order, the amendment of the security measure or the drawing up of an inventory shall be the order provided for by the office in a reference to the enforceability.

§ 3. The supervision of the comornate's activities shall be carried out by the court which issued the order to secure the inheritance or the drawing up of the inventory.

§ 4. In proceedings to secure a fall, the amendment of a security measure or the drawing up of an inventory in matters not covered by this Chapter shall apply mutatis mutandis to the provisions of Article 4 (1) of the Regulation. 759-774.

Article 638 3 . [ Notice of collateral measure applied] § 1. If the freezing order does not specify the means of security, the baitman shall immediately inform the court which issued the freezing order of the security measure applied.

§ 2. If necessary, the subject-matter of objects subject to the security deposit of the bailiers is requested by the court which issued the order to secure the inheritance.

§ 3. The court which issued the order to secure the inheritance shall notify the court of succession of the security measures applied by the baitler.

Article 638 4 . [ Inventory of movable property] § 1. The inventory of movable property in the framework of the security of the inheritance shall be drawn up in the presence of two witnesses appointed by the bailider.

§ 2. When drawing up the inventory of movable assets, persons who have the right to submit a request for protection of the inheritance may be present. The non-instability of these individuals does not stop the performance of the task.

§ 3. The protocol shall be drawn up by the baikhouse, which shall be signed by all the members present. The refusal or impossibility of signing shall be stated in the protocol stating the reason.

Article 638 5 . [ Provisional measures to prevent a breach of movable property prior to being written] The bailiers who make the order to secure the inheritance shall, where necessary, apply the necessary interim measures to prevent the immovable property from being infringed before they are written down.

Article 638 6 . [ Sum needed for the costs of funeral parlors] § 1. Of the money which is included in the estate, the estate of the deceased, if necessary, shall issue the order to secure the estate, and, if it were not possible, to the deceased's household or to another person who is at the expense of the funeral, the sum of the amount of the estate, needed for the cost of the funeral of the deceased. In the absence of money for the funeral of the deceased, the court may order the sale by the bairer of the corresponding object of the inheritance, marking the sale.

§ 2. The order of the order to secure the inheritance may be left to the members of the family of the deceased, who, until his death, together with him, resided and were dependent on the estate, the necessary amounts for their maintenance for a period of not more than a month.

Article 638 7 . [ Inventory date] The establishment plan shall notify the applicant as well as the participants in the inventory drawing proceedings, as well as the heir and the recovery officer whose whereabouts are known, as well as the economic operator. the will, the probation curator, the caretaker and the interim manager, if they were established. The instability of these people does not stop the task.

Article 638 8 . [ Inventory] § 1. In the inventory of the inventory, the baits shall include items belonging to the succession and items of the collection records, indicating the value of each of these items, and the long succession with an indication of the height of each of them.

§ 2. The value of items belonging to the inheritance and items of records of debt collection shall be determined by the state and prices at the time of opening of the inheritance and the amount of the debts of succession-according to the state at the time of opening of the inheritance.

§ 3. The public chamber shall establish and include in the inventory the items belonging to the estate, the items of the recovery records and the debts of the succession.

§ 4. In the inventory of inventories, the bailix also shows the value of the state of active decline taking into account the value of things and the rights of the disputed

§ 5. In drawing up the inventory, the provisions of Article 4 shall apply mutatis mutandis. 638 4 § 1 and 3 and Art. 947-949.

Article 638 9 . [ Judicial aid] Where appropriate, the inventory of items located in the district of another court may be requested by the court of succession to carry out the necessary steps. After they are executed, the requested court shall forward the file to the court of successip.

Article 638 10 . [ Remain of movable and immovable property in possession of persons who wiel them] § 1. The movable and immovable property contained in the inventory shall be left in the possession of the persons who wiese them. This does not apply to movable property submitted to a judicial deposit.

If there are grounds for securing the inheritance of the office, the baitler shall inform the court with jurisdiction to secure the inheritance.

Article 638 11 . [ A reference for the drawing up of the supplementary inventory] In the event of disclosures of the subject-matter of the inheritance, the subject-matter of the recovery or the debt of a succession which is not included in the inventory, the court of succession shall issue an order for the drawing up of the supplementary inventory. In cases where an order to draw up an inventory appears ex officio, an order to draw up an additional inventory shall also be issued ex officio.

Article 638 12 . [ Submission of the act by the baikler] After the completion of the order to prepare the inventory, the bailix shall send the records to the court of succession, and in the case referred to in Article. 638 9 , the court called.

Article 639. [ Delegation] The Minister of Justice shall determine by way of regulation:

1. a detailed way of notifying the competent institutions of the security measure used, having regard to the property of the collateral subject and the jurisdiction of the institutions concerned;

2) the content of the protocol from the inventory of movable property, including the scope of the personal data included in the protocol, having regard to the necessity and adequacy of the information and the necessity and adequacy of personal data in relation to the purpose of their processing;

3. the detailed mode and manner of application of the necessary interim measures to prevent the movement of movable property before being written, with a view to the subject of security, the speed of the proceedings, as well as the effectiveness of the necessary interim measures.

Chapter 2

Adoption or rejection of a decline

Article 640. [ Submission of statements] § 1. A statement of simple acceptance of the inheritance or of the welfare of the stock or of the rejection of the inheritance may be made before the notary or the district court in whose district the place of residence or the stay of the filing statement is located. The notary or the court shall send the statement immediately, together with the annexes, to the court of successes.

§ 2. The certificates referred to in the first paragraph may also be filed in court of inheritance in the course of proceedings for the statement of rights to decline.

Article 641. [ Statement content] § 1. The declaration of acceptance or rejection shall include:

1) the name and surname of the deceased, the date and place of his death and the place of his last residence;

2) the title of calling for inheritance;

3) the content of the statement made.

§ 2. The statement should also include the statement of any statement of persons belonging to the circle of statutory heirs, as well as of any wills, such as the statement of which he considered to be invalid, and the data concerning the content and the place of storage of wills.

§ 3. The statement shall include a copy of the death certificate of the deceased or a final decision of the court on the recognition of the deceased or of the death certificate if the evidence has not already been submitted to the deceased.

§ 4. Where the statement is made orally, a statement shall be made out of the declaration.

Article 642. (repealed)

Art. 643. [ Notice of Succession] The acceptance or rejection of the inheritance shall be notified to all persons who, according to the declaration and the documents submitted, are to be established in the succession, even in the following order.

Art. 644. (repealed)

Art. 645. (repealed)

Chapter 3

Announcement of the will

Art. 646. [ Obligation to submit a will] § 1. The person in whom the will is placed shall be obliged to file him in court of succession when he learners of the deceased's death, unless he has filed it with a notary.

§ 2. Whosoever shall be abrogated from the exercise of this obligation shall be liable for the damage resulting from the foregoing. In addition, the court of decline may impose an evasion of the fine.

Article 647. [ Warrant for submission] In order to determine whether there is a will and where it is found, the court of succession may order the submission of a declaration on the subject, using the mode prescribed for the release of the items of succession, as appropriate.

Art. 648. [ Warrant for the submission of a will] § 1. The Tribunal shall, after hearing the person in whom he or she shall find his will, issue an order from the office to order it to submit his will within the prescribed time limit.

§ 2. The order of the court on the submission of the will is entitled to a complaint.

Article 649. [ Opening and announcement of the will] § 1. The court or notary opens and announces the will when it has proof of the deceased's death.

§ 2. The opening date and the notice shall not be communicated to the persons concerned, but may be present at the time of the action.

Article 650. [ Several testaments] When several wills have been filed, one lender opens and announces all, and every one of them makes reference to the others.

Article 651. [ Opening protocol and notices] The opening and announcement minutes shall describe the external state of the will and shall mention the date, the date of the submission and the person who the will has filed. The will shall include the opening date and the notice.

Article 652. [ Notification of interested parties] The court of succession or the notary shall inform, as far as possible, the persons whose wills are concerned and the executor of the testament and the probation officer, when opening and announcing the testament. The notary shall immediately inform the court of successes, by sending a copy of the minutes drawn up.

Article 653. [ Navigating a will] The Testament, along with the opening protocol and the announcement, shall be kept in the court of successes, unless it has been deposited with the notary. However, at the request of the court of succession the notary shall send the submitted testament to the court.

Article 654. [ Application of chapter provisions] The provisions of this Chapter shall apply, mutatis mutandis, to a letter stating the contents of the oral testament.

Chapter 4

Devotion of succession objects

Art. 655. [ Obligations of the heir] § 1. If, after drawing up the inventory, there is doubt whether all items belonging to the inheritance and items of recovery records are included in the inventory, or if there is a succession of debt in the inventory, a court of succession shall be held by the court of justice. or at the request of the heir, the recorders of the recovery, the executor of the testament or the creditor of the estate may order the heir to submit:

1) a statement that no subject-matter has been withstood or removed, and that it has not been entered into the inventory of non-existtious debts;

2) a list of items of inheritance not disclosed in the inventory, if they are known, stating the place of storage of movable property and documents relating to property rights, as well as the explanation of the legal basis of these rights;

3) ensure that the submitted statement or list is correct and complete.

§ 2. The creditor of a succession may submit the above conclusions only if the prima facie evidence that the inventory disclosed in the inventory is not sufficient to satisfy the succession debts.

Article 656. [ Enforcement, distress call] The court recognizes at the hearing, in addition to the applicant, those who are entitled to request the devotion of the succession objects, if they are known to him.

Article 657. [ Application against co-heir] If the application for a revelation is directed against another joint-heir, the latter may, at the latest, not be required to request the obligations listed in Article 4 on the applicant's duties. 655.

Article 658. [ Call for obligations] After having become eligible for a decision taking into account, in whole or in part, an application for the devotion of succession objects, the court at the request of any person who was entitled to make the request, shall call upon the heir to execute within the prescribed period. his duty, with the instruction that the statement may be submitted to the court minutes. At the same time, the court shall appoint at least two weeks after the expiry of the time limit for which all the participants in the case shall be called upon to attend. If a statement or list is submitted to the heir prior to that meeting, the court shall inform the participants accordingly.

Article 659. [ Meeting] The heir, who has not done his duty, can fulfil it at the meeting. In connection with the material presented by the heir, the court and the participants may ask the heir to the question.

Article 660. [ Application of coercive measures] § 1. In the event of failure by the heir to his duties or to refuse to answer his questions, the court shall apply the coercive measures in accordance with the provisions on the enforcement of non-monetary benefits.

§ 2. Those consequences must be prejudiced in the call for compliance with the obligations laid down in the order for the determination of the succession of the successors.

Chapter 5

Hearing of witnesses to the oral testament

Article 661. [ Notice of the Court] § 1. Whoever finds out about the deceased's death and the fact that the contents of the oral testament has not been written, shall immediately inform the court of succession and give the names, names and addresses of the witnesses to the will, if the circumstances are known to him.

§ 2. Whoever fails to comply with the obligation provided for in the preceding paragraph shall be liable for the resulting damage, and the court of succession shall be able to trace the fine.

Article 662. [ Call for witnesses] Witnesses who content the oral testament have not stated in writing, the court calls for the submission at the designated court hearing of the statements stating the contents of the will. The proceedings concerning the hearing of witnesses of the oral testament shall apply accordingly the provisions on the evidence from witnesses in the trial, with this change that the witnesses of the testament cannot refuse to testify or answer the question, nor can they be Exempt from the provision of a pledge.

Article 663. (repealed)

Chapter 6

Cases concerning the executor of the will

Article 664. [ Refused acceptance of the obligation] A person appointed to the executor of a testament who refuses to accept that obligation shall declare, in the court of judgment, either orally to the minutes or in writing with the signature officially certified, or before the notary. The plenipotentiary for making such a declaration shall be granted in writing with the signature officially certified.

Art. 665. [ Entitlement Certificate] § 1. The court of succession or the notary shall issue to the person appointed to the executor of the will, at its request, the certificate in which the name, surname, place of last residence and the date and place of death of the deceased, first name, surname and place of residence shall be given to the person appointed to the executor executors of the will, as well as an exchange statement that a person was appointed to the executor of the will. The certificate shall also indicate the rights and obligations of the executor of the will, if they have been determined by the deceased.

§ 2. Notary shall immediately inform the court of succession of the issued certificate by sending a copy thereof.

Chapter 7

Board of decline not covered

Article 666. [ Court Actions] § 1. Until such time as a succession of succession takes place, the court shall ensure that the succession of the estate is reduced and, if necessary, shall establish a probation curator.

§ 2. If the inventory has not been written before, the court will issue an order to draw up the inventory.

Article 667. [ Curator Actions] § 1. The probation curator should try to explain who is the heir, and notify the heirs of the opening of the inheritance.

§ 2. The curator of the estate manages the inheritance estates under the supervision of the court of succession. Regulations on the management of the execution of the property shall apply to the management of the management board.

Article 668. [ Sales of non-durable goods] The court of succession may order the sale of the belonging to a succession of movable assets which are exposed to corruption, or whose storage entails excessive costs. The sale shall be made in the manner prescribed for the sale of movable property in the course of execution, unless the court determines a different manner of sale.

Article 668 1 . [ Authorisation of the probation officer to transfer property or right to transfer to bank of property] The court of succession, at the request of the bank within the meaning of the Act of 23 October 2014. with reverse mortgage credit, may entitle the probation officer to transfer to a real estate bank or the right referred to in art. 4 par. 2 of this Act, which constitute the security of the reverse mortgage, and the settlement of the reverse mortgage. The application may be submitted by the bank no earlier than after one year after the date of death of the borrower. In cases resulting from the settlement of a reverse mortgage loan, the probation curator may sue or be sued.

Chapter 8

Statement of acquisition of the inheritance and the object of the recovery

Article 669. [ adjudication, trial] The court of succession shall issue an order to determine the acquisition of inheritance following the hearing, which shall be called upon by the applicant and persons likely to enter into the succession as heirs to the law and testament.

Article 669 1 . [ Repeal of the act of the certificate of inheritance] § 1. The court of succession shall quash the registered act of the attestation of succession if, in respect of the same succession, an order has been issued to determine the acquisition of inheritance.

§ 2. In the case of registration of two or more acts of the certificate of succession in respect of the same succession, the court of succession on the application of the person concerned shall waive all acts of the certificate of inheritance and shall issue a determination of the acquisition decline.

§ 3. In addition to the circumstances referred to in paragraphs 1 and 2, the repeal of a registered act of the attestation of succession shall be admissible only in the cases indicated in the Act.

§ 4. (repealed)

Art. 670. [ Scope of study] The court of decline is investigating from the office who is the heir. In particular, he shall examine whether the deceased had left the will, and shall invite him to submit a will to the person for whom it will be probable that the testament is in the estate. If the testament is filed, the court will make its opening and announcement.

Article 671. [ Ensuring the heir] § 1. For proof that there are no other heirs, provision may be made for the provision made by the declarant of the heir.

§ 2. In providing the declarant, he should make a statement about everything that is known to him:

1) of the existence or non-existence of persons, which would exclude the known heirs from inheritance or inherit with them;

2) about the testaments of the deceased.

§ 3. In terms of penal effects, the assurance is tantamount to giving a statement under a pledge that the judge should warn the applicant to ensure that he is a member of the court.

Article 672. [ Call of heirs by announcement] If the assurance was not provided or if the provision or other evidence is not considered sufficient by the court, the order in respect of the acquisition of the inheritance may collapse only after the announcement of the heirs by the heirs.

Article 673. [ Notice Contents] The notice shall include:

1. first name, surname, occupation and last place of habitual residence of the deceased;

2) the date of death of the deceased;

(3) an indication of the assets left after the deceased;

4) a call for the heirs within three months of the day indicated in the notice to report and prove the acquisition of the inheritance, as otherwise they may be omitted in the order of determination of the acquisition of inheritance.

Article 674. [ Publish Announcements] § 1. The notice shall be entered in a letter of the rest of the State and shall be made public in the final place of the habitual residence of the deceased in that area, in such a way as to be the subject of that date.

§ 2. If the value of the inheritance is insignificant, the court may refrain from placing the notice in writing.

Article 675. [ Rozprawa] After the expiry of three months from the date of the announcement, the court shall determine, in order to identify the notified requests for a hearing, which shall also be called upon by persons who have notified the request and who have been resident.

Article 676. [ A determination to determine the acquisition of a succession] If, within three months of the date of the notice of notice of the heirs, no one has claimed the acquisition of the inheritance or the declarant has failed to prove it at the hearing, the court shall issue a decision declaring the acquisition of inheritance by the heirs of which the rights have been fixed.

Article 677. [ Content Content] § 1. The court will determine the acquisition of the inheritance by the heirs, even if they were other persons than those who pointed out the participants. In the order to determine the acquisition of the estate, the court shall mention the deceased and all the heirs to whom the inheritance fell, as well as the amount of their shares.

§ 2. In the order to determine the acquisition of the inheritance, the court also states the acquisition of the object of the recovery record, listing the person for whom the deceased had made a recovery record, and the subject of that recording.

§ 3. A determination of the acquisition of the object of a recovery record may also be made by the court issuing a partial decision.

Article 678. [ Repeal of the order] If the acquisition of a succession has been established or an act of attestation of inheritance has been recorded after a person recognised as deceased or whose death has been established by the order of the court, the order for recognition of that person as deceased, or of the declaration of that person the death has been abrogated, the court of succession has failed to rule on the finding of a succession or an act of the certificate of succession.

Article 679. [ Readjudication] § 1. Proof that the person who obtained the finding of the acquisition of the inheritance is not an heir or that her share of the inheritance is different from that found, may be carried out only in the proceedings for the revocation or amendment of the statement of acquisition of inheritance, with the application of the provisions of this Chapter. However, the person who was a participant in the procedure for the acquisition of a succession may only request a change in the order finding the acquisition of the inheritance where the request is based on the basis which he could not appoint in the proceedings and the application for conversion he submits before the end of the year from the date on which he obtained this opportunity.

§ 2. An application for the initiation of such proceedings may declare any interested person.

§ 3. In the event of proof that the decrease in whole or in part was acquired by another person than that indicated in the final decision to declare the acquisition of inheritance, the court of succession, altering that provision, determines the acquisition of the inheritance according to the actual state legal.

§ 4. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the registered act of the certificate of inheritance and to the statement of acquisition of the object of record of recovery.

Article 679 1 . [ Entry to the Decline Register] The final decision to determine the acquisition of the inheritance, the final decision, repealing or amending the order for the acquisition of the inheritance of the court shall immediately enter, via the teleinformatic system referred to in Article. 95i § 1 ustawy z dnia 14 lutego 1991 r. -Law on notariate (Dz. U. of 2014 items 164, of late. zm.), do Registry Decreto.

Article 679 2 . [ Notice of the National Council of Notarial on the issue of a final decision repealing the registered act of the inheritance certificate] The General Court shall immediately notify the National Notary Council of the issue of a final decision repealing the registered act of the certificate of inheritance. The notification shall be accompanied by a copy of the order.

Chapter 9

Drop department

Art. 680. [ Application for a share of inheritance] § 1. In the application for a section of succession, a provision should be made for the acquisition of a succession or a registered certificate of inheritance and inventory, as well as the amount of the estate which the deceased had made, where it was lodged and where it was find. If the inventory has not been drawn up, the claim must be indicated in the application for the property to be the subject of the department.

§ 2. In the case where the estate is part of the estate, evidence must be provided that the property was the property of the deceased.

Article 681. [ Statement of acquisition of inheritance] If the declaration of acquisition has not yet taken place and a registered act of the certificate of succession has not been drawn up, the order for the acquisition of the inheritance shall be issued by the court in the course of the parcel procedure, applying the provisions of Chapter 8.

Art. 682. [ Co-heirs data] Co-heirs should give the court their age, occupation, family status and data on their earnings and assets, as well as the spouses ' earnings and assets, explain how they have benefited from the decline so far, as well as other circumstances that may have an impact on the settlement, which each of the co-heirs is to receive from the decline. Where the subdivision is an agricultural holding, the co-successors should, in particular, provide the information relating to the circumstances provided for in the Article. 214 of the Civil Code.

Art. 683. [ Forwarding the case to the district court] At the request of a member of the department, notified not later than at the first hearing, the court of succession may refer the case to the district court, in which the district is located a decline or a significant part of it, or the district court, in which the district dwelling all the co-heirs.

Article 684. [ Findings of the court] The composition and the value of the decrease subdivided shall be determined by the court.

Article 685. [ Preliminary provision] In the event of a dispute over the existence of an entitlement to demand the department of inheritance, as well as in the event of a dispute between the joint-heirs of whether a certain item belongs to a succession, the court of succession may issue a preliminary order.

Article 686. [ Settlement in parcel proceedings] In the parcel proceedings, the court also resolves the existence of ordinary records, the subject of which are the goods or rights held by the succession, as well as on the mutual claims between the joint-heirs of the possession of the individual subjects succession, collected loans and other income, made for a decrease in outlays and paid off debts.

Art. 687. [ Disknowledge of the department of decline] In the absence of any basis for the release of the parcel on the basis of a matching application of the participants, the drop department will be recognized by the following provisions.

Art. 688. [ Application of provisions concerning the elimination of co-ownership] The provisions relating to the abolition of joint ownership and, in particular, Article 4 (1) and (2) shall apply 618 § 2 and 3.

Art. 689. [ Linking cases] If the entire estate of a succession or of the individual items of its composition are co-ownership of a different title than inheritance, the division of inheritance and the abolition of joint ownership may be combined in one proceeding.

Chapter 10

Other succession cases

Article 690. [ Repeal of legal effects] § 1. In the event of an abrosion from the legal consequences of the declaration of acceptance or rejection of the succession, the court shall carry out the hearing.

§ 2. If, as a result of the final judgment of the court of annulment referred to in § 1, the circle of persons for whom the acquisition of inheritance has already been established or the act of the certificate of succession has been registered, the court after the completion of the the hearing changes from the office the decision to declare the acquisition of the inheritance or to repeal the registered record of the attestation of inheritance and adjudicate on the subject.

Art. 691. [ Exemption of the executor] § 1. The person concerned shall be entitled to an application for exemption from the executor. The decision shall be decided upon hearing the executor of the will.

§ 2. The executor of the will discharged from his duties should return a certificate of his or her powers.

SECTION IVa

Cases in the scope of regulations on state-owned enterprises and the self-government of the crew of the state-owned company

Article 691 1 . [ Scope of cases] § 1. The provisions of this chapter shall apply in cases of settlement of the dispute between:

1) the company's employee council and the company's director;

2. the company's authorities and the undertaking's founding body;

(3) the authorities of the undertaking and the undertaking supervising the undertaking.

§ 2. Cases referred to in § 1 shall be recognized by the district courts.

Article 691 2 . [ Local Property] The competent court is the seat of the undertaking (association) of which the subjectmatter of the dispute is linked.

Article 691 3 . [ Judicial capacity] In the cases referred to in Article 691 1 In addition, the company's director and the director of the business association, as well as the company's labour council and the board of business associations, shall also have the capacity to judicial capacity.

Article 691 4 . [ Representation] Each member of the company's board of staff may act on behalf of the company's board of staff.

Article 691 5 . [ Plenipotentiary] § 1. Any employee of an undertaking who is entitled to a passive electoral law to the authorities of the company's crew or a legal adviser not employed in that undertaking may also be an agent of the staff council.

§ 2. A plenipotentiary of the Director of the Company may also be legal counsel or other employee of the company.

§ 3. The representative of the director of the undertaking and of the staff council in matters between them and the founding body or the body supervising the undertaking may also be the legal adviser of the undertaking, unless between the director and the council there is a contradiction of interests.

Article 691 6 . [ Application of provisions of the Act] The provisions of Article 4 691 4 and 691 5 it shall apply mutatis mutandis to the board of association of undertakings, and the provision of art. 691 5 -also to the Director of the Association.

Article 691 7 . [ Judgment, hearing] A dispute settlement decision may collapse only after a hearing.

Article 691 8 . [ Costs of Conduct] The costs of the proceedings incriminating both the Staff Council and the Director of the undertaking shall be borne by the undertaking and the association of the association of undertakings or the director of that association shall be borne by the association.

Article 691 9 . [ Disable] The provisions of this chapter shall not apply in cases of compensation.

CHAPTER V

Depositary matters

Chapter 1

Submission of the object of the benefit to the

Art. 692. [ Court Property] In cases of submission of the object of the benefit to the court, the court of the place of enforcement shall have jurisdiction If the place cannot be determined, the court of the place of residence of the creditor shall be competent, and when the creditor is unknown or when his residence is not known, the court of the place of residence of the debtor. If the obligation is secured by the entry in the perpetual ledger, the court shall have jurisdiction of the place where the property is located.

Article 693. [ Application content] The application for the submission of the subject of the benefit to the court shall be:

1) determine the obligation under which the subject matter is made;

2) cite the circumstances justifying the submission;

3. accurately determine the object to be submitted;

4. indicate the person to whom the object is to be issued, and the conditions under which the issue is to be issued.

Article 693 1 . [ Assessment of the proposal] In the proceedings for the submission of the subject of the benefit to the court, the court does not examine the veracity of the claims contained in the application, by limiting itself to the assessment of whether, according to the circumstances, the deposit of the application is legally justified.

Article 693 2 . [ Permit of court] § 1. The submission of the subject of the benefit to the court deposit may be made only after obtaining the court's permission.

§ 2. If, however, the subject of the provision is Polish money, the deposit of the deposit may also be made prior to obtaining the consent of the court. In such a case, the debtor should at the same time apply for a deposit to the deposit with the deposit of the money. Where this application is taken into account, the deposit shall be deemed to have been made at the time when it actually occurred.

§ 3. If the object of the benefit is money, the deposit is made by the deposit on the deposit account of the Minister of Finance.

Article 693 3 . [ Announcement] § 1. If the creditor or his/her place of residence is not known, the court shall make public in the court building and the premises of the municipal authority of the permit to deposit the subject of the benefit to the court. In addition, the court manages the placement of a notice in the journal of a nationwide scope or gives them otherwise to the public; it may also announce them in the Monitor Judicial and Economic Gazette.

§ 2. The notice should contain the data specified in art. 693 points 1, 3 and 4 and the call of the creditor to receive the deposit.

§ 3. If the creditor or his/her place of residence is not known, the court shall establish the curator. Article Recipe 510 § 2 shall apply mutatis mutandis.

Article 693 4 . [ Deposit Description] § 1. The court may request that the deposit is made in the appropriate packaging.

§ 2. Prior to the adoption of the valuables for a court deposit, they are described and estimated by the expert in the presence of the debtor or the person designated by him.

Article 693 5 . [ Repeating benefits] § 1. If the debtor is obliged to the recurring benefits, and there are conditions to deposit the litigation of the benefits already due, the court may allow the debtor to submit in future to deposit further benefits at the moment they become required. The court shall notify the creditor of the lodging of each provision.

§ 2. At the request of the creditor, the court shall waiver the order to allow the debtor to deposit the benefits under the conditions laid down in § 1, if the creditor expresses the willingness to accept and receipt of the receipt of further benefits required.

Article 693 6 . [ Deposit Storage Location] § 1. Accepted for a court deposit:

1) money-shall be kept on the deposit account of the Minister of Finance;

2) valuables, savings books, securities and other documents and items to be accepted for a court deposit on the basis of specific provisions-shall be kept in court or in the bank;

3) other objects-shall be stored in a place designated by the court.

§ 2. If the subject of the benefit is a savings book and the storage is not followed by its exhibitor, the receipt of the savings booklet to the deposit of the court will notify the exhibitor.

Article 693 7 . [ Dozers] § 1. In order to carry out supervision of the items stored in a designated place, the court will establish a caretaker. Before issuing the order, the court will hear the debtor's application on the person of the caretaker. The order of the court shall be entitled to a complaint.

§ 2. The caretaker provisions shall be applied mutatis mutandis to the caretaker in the course of the court execution.

Article 693 8 . [ How to store] The documents and other deposits in kind shall be kept in the unaltered state.

Article 693 9 . [ Difficult to store] § 1. If the subject of the provision to be submitted for a court deposit is a movable item which is easily broken, as well as a movable property, the storage of which would be linked to costs not commensurate with its value or excessive difficulties, or would result in a significant reduction in its value, the court, at the request of the debtor, ordered the sale of goods in accordance with the provisions on enforcement of movable property.

§ 2. The obtained from the sale the amount of the baiting chamber shall be submitted to the deposit account of the Minister of Finance.

Article 693 10 . [ Receiving] Once the deposit is accepted, the court will issue a receipt to the debtor.

Chapter 2

Repayment of a court deposit and issue of a court deposit entitled

Article 693 11 . [ Deposit return] § 1. At the request of the debtor, the court will refund him the deposit if the creditor has not requested the issuance of the deposit.

§ 2. If the debtor's request for repayment of the deposit and the creditor's request for a release have been notified simultaneously, the court decides to issue a deposit to the creditor.

Article 693 12 . [ Deposit as a result of a decision of the Authority] In the event of a deposit as a result of a court decision or another body, the deposit cannot be returned to the debtor without the permission of the court or other authority which issued the judgment, unless the decision results in another.

Article 693 13 . [ Feasibility clause] If the deposit of the subject has taken place in order to give a declaration of enforceability to the enforcement title, the deposit cannot be returned to the debtor without the consent of the creditor, unless the application for a declaration of enforceability has been revoked.

Article 693 14 . [ Considerations for the return of the deposit] At the request of the creditor, the court shall decide upon the deposit of the creditor if the conditions laid down in the application for deposit are observed.

Article 693 15 . [ Consent of the creditor] If the obligation was secured by an entry in the perpetual ledger, and as a result of the submission of the object of the benefit to the deposit, the debtor may request that the entry be issued to him only with the consent of the creditor, unless the special provision provides otherwise.

Article 693 16 . [ Reimbursement of costs of proceedings] At the request of the debtor, the court shall grant the creditor the reimbursement of the costs of the proceedings before the court issuing the provisions on the issue of the deposit.

Article 693 17 . [ Deposits at the request of the competent authority] If the deposit was made to the competent authority at the request of the competent authority, the deposit shall be issued to the person entitled only after it has been demonstrated that the conditions under which the deposit may have occurred have been fulfilled.

Chapter 3

Proceedings in cases concerning the declaration of winding up of an unmade deposit

Article 693 18 . [ Abolition of the disdeposit of the deposit] § 1. The provisions of this Chapter shall apply in cases where no deposit is made, unless otherwise provided for in the provisions of other laws.

§ 2. In the cases referred to in § 1, the court of the place where the deposit is lodged shall be the competent court.

Article 693 19 . [ Application for a statement of liquidation] § 1. The application for a declaration of winding-up of the non-deposit shall be:

1) indicate the circumstances in which the deposit was made;

2) specify the exact deposit to be wound up;

3) indicate the person who is entitled to receive the deposit.

§ 2. Where the person entitled to receive the deposit is not known or is not known to his place of residence or his place of residence, the applicant shall provide evidence of the steps to clarify those actions. circumstances.

Article 693 20 . [ Proceedings of the Authority] In the case of a declaration of winding up of an uncommitted deposit, the court may initiate proceedings ex officio.

Article 693 21 . [ Judicial call] Participants who are not known or whose place of residence is not known, the court shall call for participation in the proceedings by a public notice in a judicial building.

Article 693 22 . [ Decision on the statement of liquidation] In order to execute the decision on the statement of liquidation of the unseated deposit, the chief of the competent tax office shall be obliged in accordance with the rules laid down in the enforcement proceedings in the administration.

Art. 694. (repealed)

CHAPTER VI

Registry proceedings

Article 694 1 . [ Proceeding on registry matters] § 1. The provisions contained in the department are hereby applied to the proceedings in matters of entry in the National Court Register (registry cases).

§ 2. The provisions of this chapter shall apply mutatis mutandis to other register proceedings conducted by the courts, if the special provisions do not provide otherwise.

Article 694 2 . [ Court of First Instance in Registry Matters] Only the competent regional court (economic court) competent for the place of residence or the registered office of the entity to which the entry relates (registration court) is competent in the register cases.

Article 694 3 . [ Subject authorised to submit an application for entry] § 1. An application for entry into the National Court Register shall be submitted by an entity subject to the entry in that register, if the specific provisions do not provide otherwise.

§ 2. The subject of entry into the National Court Register is a participant of the proceedings, even if he/she is not an applicant. Article Article Paragraph 2 does not apply.

§ 2 1 Absence of a body or a lack of authority in the composition of the body appointed to represent the entity subject to the entry into the National Court Register shall not prevent the entry from office.

§ 3. The application submitted to the register court by electronic means shall be accompanied by a qualified electronic signature or a signature of a confirmed ePUAP trusted profile.

§ 3 1 . An application submitted by electronic means of entry into the National Court Register of a limited liability company whose contract was concluded using the pattern of a limited liability company agreement made available in the system It may also be accompanied by another electronic signature which meets the requirements for the electronic signature of persons incorporating the contract of such a company. The provision shall not apply to the application for amendment and deletion of the alert.

§ 3 2 . To the request made by the Plenipotentiary for entry into the National Court Register of the company, the contract of which was concluded with the use of the company contract standard made available in the ICT system, no power of attorney is attached, however, the proxy should rely on them, indicating the date, extent and circumstances listed in art. 87.

§ 4. In case of application as described in § 3 and 3 1 the service of judgments and judicial documents shall be effected by the persons making the request via a telepietic system serving the registration procedure.

§ 5. Judgments and judicial letters sent in the manner referred to in § 4 shall be deemed to have been served on the date indicated in the electronic acknowledgement of receipt of correspondence. In the absence of such confirmation, service shall be deemed to have been effective within 14 days of the date on which the correspondence was filed in the ICT system referred to in § 4.

Article 694 4 . [ Form of documents] § 1. Documents on the basis of which the entry in the National Court Register shall be entered shall be filed in originals or certified officially written copies or extracts.

§ 1 1 If necessary, a study of the executive title referred to in Article 4 is necessary. 783 § 4, the application for entering an alert shall be accompanied by a document obtained from the teleinformatic system enabling the court to verify the existence and content of the enforcing title. Prior to the recognition of this request, the existence and content of the enforcing title shall be subject to verification by a judge or a court referendary in the ICT system.

§ 2. The documents referred to in § 1 by electronic means, shall be accompanied by a qualified electronic signature or a signed signed certificate of the ePUAP trusted by the signature.

§ 2 1 . The documents referred to in § 1 concerning the limited liability company referred to in art. 694 3 § 3 1 By electronic means, they may also be accompanied by another electronic signature which complies with the requirements for the electronic signature of persons containing the contract of such company.

§ 3. Extracts of notarial deeds, extracts, write-offs and attestations of documents may be sent to the court by electronic means, if the notary has bandied them with a qualified electronic signature.

Article 694 5 . [ Entry for entry] § 1. The entry into the National Court Register shall be made on the basis of the provision, if the special provision does not provide otherwise.

§ 2. Provisions on the substance of the case shall be effective and enforceable with the moment of their issue, with the exception of the provisions concerning the deletion of the entity from the National Court Register.

§ 3. The provisions relating to the application of coercive measures may give a rigor of immediate enforceability if the interests of the creditor or of other persons so require.

Article 694 6 . [ Statement of reasons] § 1. The decision on the substance of the case in accordance with the proposal does not require a justification.

The Court of First Instance shall draw up a statement of reasons on the substance of the case, which has been issued ex officio.

Article 694 7 . [ The effects of taking account of the appeal measure] In the event of taking into account an appeal against a judgment given in the register proceedings concerning an entry in the National Court Register, the court of second instance shall repeal the contested decision and refer the case back to the court of first instance. registry. When recognizing the case again, the court of registry shall take into account the indications of the court of second instance and the current state

Article 694 8 . [ Registration costs] § 1. The costs of the registration shall be borne by the person subject to the obligation to enter the National Court Register.

§ 2. The costs of proceedings initiated by a person who is not authorized to act on behalf of the entity subject to the obligation to enter the National Court Register shall be borne by the applicant, unless his application has been accepted in full or in significant part.

§ 3. (repealed)

THIRD BOOK

(repealed)

Article 695. (repealed)

Art. 696. (repealed)

Art. 697. (repealed)

Art. 698. (repealed)

Art. 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)

BOOK FOUR

DISAPPEARANCE OR DESTRUCTION OF A FILE

Article 716. [ Retrieve Record] The unfolded shall be filed either missing or destroyed in whole or in part. In the case of final unlawfully completed review, the decision terminating the proceedings and the part of the file which is necessary for the purpose of determining its content and for the resumption of the proceedings shall be subject to the decision.

Article 717. [ Initiation of proceedings] § 1. The Tribunal shall initiate the procedure of the procedure or on application.

§ 2. The Tribunal shall initiate proceedings only upon request if the disappearance or destruction of the file is due to force majeure. However, in this case, the court may, however, initiate the procedure of its own motion, if the case to which the file is lost or destroyed was or may have been initiated ex officiatown.

Article 718. [ Recover record request] § 1. The party, the participant in the proceedings or the intervener shall be entitled to request the recovery of the file.

§ 2. An application for the reproduction of a case file in progress may be filed within the years three of the disappearance or destruction of the file, and a request for the restoration of the file of the final case-within the years of ten from the moment.

§ 3. These restrictions do not apply to the application for a recovery of the file on the right of state.

Article 719. [ Court Property] § 1. The court in which the case was last fought for the recovery of the case file in progress is appropriate.

§ 2. If the jurisdiction of the second instance or the Supreme Court is appropriate, the court shall refer the case to the court of first instance, unless it is about restoring only the act of the court of second instance or the act of the Supreme Court.

§ 3. The proceedings in the event of the disappearance or destruction of the act on a final decision shall be carried out by the court in which the case was brought in the first instance.

Article 720. [ Court Property] In order to restore the case of a case completed in the State notarial office, the district court is competent in which the district office was located.

Article 721. [ Application content] In the application for the reproduction of the file, it is necessary to specify the exact case, to attach any official certified copy held by the applicant and to indicate the places known to him in which the documents or their copies are to be found.

Article 722. [ copies of documents] § 1. The President shall invite the persons, public authorities or institutions designated in the request and the known court to lodge, within a specified period, the officially certified statements of the documents in their possession or to the declaration that they have been officially certified do not have.

§ 2. If the requested person does not have a document or a copy, and prior to the call was in his/her possession, she should explain where the document or copy is located.

Article 723. [ Grzywna] § 1. The court may sentence a fine to the fine of any person who does not make a call to the subpoenas in the preceding article.

§ 2. If a legal person or other organisation is called upon, the penalty shall be punished by the manager or by the staff member whose responsibility was to make the call.

Article 724. [ Inclusion of write-down on records] If certified true copies are submitted, the chairman shall manage to attach them to the file. A copy of the order shall be served on the parties.

Article 725. [ Statement] If the reproduction of the file cannot be carried out in accordance with the procedure provided for in the preceding Articles, the President shall invite the parties to make accurate statements regarding the content of the missing or destroyed letters and the evidence of the claims they have contained, without excluding private write-off and other writings and notes which may assist in the re-establishment of the file.

Article 726. [ Investigation from office] Irrespective of the statements and conclusions of the parties, the court shall carry out the Office of the investigation without leaving aside any circumstance which may be relevant for the determination of the contents of the missing or destroyed files. The Tribunal shall, in particular, take into account the entries for the repertoons and other office books. The court may also question as witnesses the judges, prosecutors, protocators, agents of the parties and other persons who participated in the proceedings or who may speak about the contents of the file, as well as may order the hearing of the parties.

Article 727. [ Judgment] After proceedings have been carried out in accordance with the two preceding articles, the court shall decide on the manner in which and to what extent the missing files are to be reproduced or that the reproduction of the file is not possible. The order shall be entitled to a complaint.

Article 728. [ Taking further action] If a record cannot be restored or reproduced in a part that is not sufficient to proceed, the case may be reopened. In all other cases, the court shall take the necessary measures in so far as it is possible to take account of the acts of the other and the reconstructed. The complaint shall be subject to a complaint as to the taking of further proceedings.

Article 729. [ Expiration] The limitation period interrupted by the original initiation of a case shall commence anew from the date on which the decision declaring the impossibility of reproducing the file or refusing to proceed has been granted.

PART TWI

SAFETY INVESTIGATION

TITLE I

General provisions

Art. 730. [ Security] § 1. In any case of civil case subject to recognition by a court or an amicable court, a security shall be required.

The Tribunal may grant a security before or in the course of the opening of the proceedings. Once an eligible enfortor has obtained an enforcement title, the provision of a security shall be admissible only if it is intended to secure a claim for a benefit which has not yet been met.

Article 730 1 . [ Request for Security] § 1. Any party or participant in the proceedings may be required to grant the security, if the claim is prima facie and the interest in the security has been granted.

§ 2. The legal interest in the provision of the security shall exist when the lack of protection prevents or seriously impedes the execution of a collapsed decision or otherwise prevents or seriously impedes the attainment of the purpose of the proceedings.

§ 3. In choosing the manner of security, the court will take account of the interests of the parties or of the participants in the proceedings in such a way as to ensure that the legitimate legal protection is given to the rightholders and that they are not required to

Article 731. [ Purpose of security] The security shall not be capable of satisfying the claim unless otherwise provided by the law.

Article 732. [ Provision of security] The security shall be provided on request and, in the cases where proceedings may be initiated from office, also from its own office.

Article 733. [ Term] When providing security before the initiation of the proceedings in the case, the court shall set a time limit within which the letter institching the proceedings should be brought under the rigorously of the fall of the security. This deadline may not exceed two weeks.

Article 734. [ Court Property] To provide security, the court to which jurisdiction must be identified in the first instance shall be appropriate. Where such a court cannot be determined, the court in which the order granting the security is to be made shall be competent and, in the absence of that basis, or in the case in which the order to grant the security is to be carried out in the the districts of various courts-the district court for the city of Warsaw. The application for security notified in the course of the proceedings shall be recognized by the court of the instance in which the proceedings are pending, except in the case of the case where the court of the Supreme Court is a court. Then the security of the court of first instance shall be adjudicated.

Article 735. [ Recognition of the proposal] § 1. The application for security shall be subject to recognition by an implicit meeting, unless the special provision provides otherwise.

§ 2. In a case which is recognised by a court in a three-person composition, in the event of a discontinuous delay, an order for the provision of a security may be issued by a court in the composition of a single Judge.

Article 736. [ Proposal] § 1. The application for security shall comply with the requirements prescribed for the pleading, and shall include:

1) an indication of the way in which the security is secured and in cases of monetary claim the sum of the collateral;

2) the prima facie case of the circumstances justifying the application.

(2) If the application for security has been submitted prior to the initiation of the procedure, the subject matter of the case must be concise.

§ 3. The sum of the security referred to in paragraph 1 shall not exceed the amount of the claim calculated with interest until the date of issue of the security provision and the cost of the security. This sum may also cover the anticipated costs of the proceedings.

§ 4. Where, in the framework of the security, the sum of the security is required, the sum shall be placed on the deposit account of the Minister of Finance, unless the special provision provides otherwise.

Article 737. [ Term] The application for security shall be subject to recognition without delay, but not later than within a week from the date of its impact on the court, unless the special provision provides otherwise. If the law provides for a recognition of the application at the hearing, it shall be designated so that the hearing may take place within a period of one month from the date of the impact of the application.

Article 738. [ Recognition of the application for security] The court recognizes the application for securing within its borders, taking as a basis the decision of the material collected in the case.

Article 739. [ Implementation of the security provision] § 1. The execution of a provision on the award of a security shall be subject to the lodging by the rightholder of the security of claims obligations arising from the execution of the security order. This bail will serve the required priority of the satisfaction of other receivables immediately after the enforcement costs.

§ 2. The provision of § 1 shall not apply where the State Treasury is entitled and in the case of the security of maintenance claims, the pension, as well as the employee's claims on matters of employment law, in part not exceeding the full one month employee salary.

Article 740. [ Service of the order] § 1. The order, in respect of a security, issued in an implicit meeting and which is enforceable by the enforcement authority, shall be served only by the court of service, unless the special provision provides otherwise. Service shall be effected by the enforcement authority at the same time as the execution of the order is carried out.

§ 2. In the cases covered by paragraph 1, the rightholder or the order of the second instance shall not be served on the subject of the decision of the Court.

§ 3. If it has been established as a security by the management of an undertaking or of an agricultural holding, either compulsory or part of an undertaking or part of an undertaking or part of an agricultural holding, to be served on the part of the undertaking concerned, the provisions on security shall be made by the administrator established by the court. If the obligation refuses to accept the order or when the manager is in the management by the bailicle, service of the freezing order shall be effected by the baililer.

Article 741. [ Complaint] The order of the court of first instance on the security shall be entitled to a complaint.

Article 742. [ Request for repeal or amendment of the order] § 1. The obligation may at any time require the repeal or amendment of a final decision to which the security has been granted when the underlying cause of the security is eliminated or changed. If the amount of the security requested by the holder of the application for collateral is to be submitted to the Depository of Finance, the security shall be secured. Article Recipe 754 1 § 3 shall apply mutatis mutandis.

§ 2. The purpose of the revocation or restriction of the security shall be the only one after the hearing has been carried out.

§ 3. The lodging of a complaint against a provision repealing or amending the provision of a security shall withhold the execution of the order.

§ 4. The provisions of § 2 and § 3 shall not apply where the waiver of the provision of security has occurred as a result of the deposit by the Minister of Finance of the amount of the sum sufficient to secure the security.

§ 5. (repealed)

Article 743. [ Feasibility clause] § 1. Where the provision of a security is enforceable by enforcement, the provisions on enforcement proceedings shall apply mutatis mutandis to the execution of that provision, except that the court shall give the order for the granting of the security a declaration of enforceability. In the event of the conflution of the security granted by the court and administrative authority, the provisions of Article 773 and art. 774 shall not apply, except in the case of accidents provided for in Article 3. 751.

(2) If, by reason of its content, the order is otherwise enforcable, the provisions relating to that method shall apply accordingly. The procedure shall be based on the basis of the procedure provided for by the President in the notice of enforceability.

§ 3. Where the execution of the freezing order is subject to the lodging of a security order by the rightholder, the court shall give him a declaration of enforceability, or the President shall supply them with reference to the feasibility, upon deposit of the deposit.

Article 743 1 . [ Opposition of spouse] § 1. The provision of a security issued against a married person constitutes the basis for the exercise of the exercise of the security of the property of the common property.

§ 2. Within a period of one week from the date of implementation of the first action relating to the performance of the security, the spouse must oppose the execution of the provision of the security, which shall be notified to the competent authority without delay of the security. of the right.

§ 3. The opposition of the spouse of the person referred to in paragraph 2 shall not withhold the execution of the security. However, if the security leads to the satisfaction of the rightholder, the payment of the money obtained in the security proceedings shall be withheld

§ 4. In the event of the opposition referred to in paragraph 2, the holder may, within two weeks of the date of notification, subject to the fall of the security in respect of the performance of the property of the common property, apply to the court to grant that provision a declaration of enforceability against the spouse. The provisions of Article 4 787 shall apply mutatis mutandis. The fall referred to in the first sentence shall also be followed in the event of a request for a declaration of enforceability. Article Recipe 754 1 § 3 shall apply mutatis mutandis.

Article 744. [ Collapse of collateral] § 1. In the event of a final repayment or rejection of the claim or application, the dismissal of the action or the application or the remission of the proceedings, the security shall be lodged.

§ 2. The security shall also be granted if it has been granted prior to the opening of the proceedings, if the right has not occurred in the opening of the proceedings in respect of the whole of the claim or has applied for claims other than the one which has been secured.

§ 3. In the cases referred to in § 1 and § 2 of the provision of art. 754 1 § 3 shall apply mutatis mutandis.

Art. 745. [ Cost Resolution] § 1. The court shall decide on the costs of the security proceedings in the decision terminating the proceedings and the costs of the security proceedings subsequently settled at the request of the party to the court which has granted the security.

If the provision in which the security has been granted has been issued prior to the opening of the proceedings in the case and the holder has not retained the time limit laid down for the purpose of the proceedings, the decision may, within two weeks of the expiry of that period, be required to initiate the procedure. submit an application for costs. Within that period, such a request may be made by the applicant if he did not issue the case, because he had satisfied his claim.

Article 746. [ Claim for Repairing injury] § 1. If the person concerned has not submitted a letter initiating the procedure within the prescribed period, or has withdrawn the application or the application, as well as where the application or application has been returned or rejected, or the application or proceedings dismissed or the proceedings have been rejected, as well as in the the cases referred to in Article Article 744 (2), which is subject to a claim against the right to remedy the damage caused by the exercise of the security. The claim expires if it is not coming within a year from the day of its inception.

§ 1 1 In the event of a cassation lodged, the time limit referred to in paragraph 1 shall begin to run on the day on which the proceedings are brought to the end of the proceedings.

§ 2. The eligible eligible collateral shall be jointly and severally liable for the damage caused.

§ 3. If, within one month of the start of the period referred to in § 1 or 1, 1 No action has been taken by the court, the court shall, at the request of the court, give a security deposit lodged in order to secure the claim.

TITLE II

Security of monetary claims

Article 747. [ Securing of monetary claims] The security of claims shall be secured by:

1) the seizure of movable property, remuneration for work, receivables from a bank account or other receivable or other property right;

(2) the imposition of a compulsory mortgage on immovable property;

3. the establishment of a ban on the disposal or burdens of immovable property which does not have a perpetual book or whose book is known to be destroyed or destroyed;

(4) the load of the vessel or ship in the construction of a sea hypotex;

5. the establishment of a ban on the divestment of the ownership of the ownership of the premises;

(6) the establishment of a compulsory administration over an undertaking or an agricultural holding, either compulsory or part of an undertaking or part of an agricultural holding, or part of an agricultural holding, which is compulsory.

Article 748. [ Service of the order] Provision of security issued in an implicit meeting, in the cases referred to in Article 4 (1) of the Treaty on the European Parliament and of the 747 points 2 to 6, served as well as served.

Article 749. [ The inadmissibility of claims protection] The protection of monetary claims against the State Treasury is unacceptable.

Article 750. [ Prohibition of hedging] The security shall not cover the items, claims and rights from which enforcement is excluded.

Article 751. [ Things succumbing to a rapid spoil] § 1. Things which are quick to spoil may be subject to security when there is no other property that could safeguard the rightholder's claims, and the possibility of selling these things is possible immediately.

§ 2. The sale of the items listed in § 1 shall take place immediately, in accordance with the provisions on sale in the mode of execution of movable property.

§ 3. Upon request, the district court may, after having heard the authorized instructor, sell any movable property, receivables or rights to the bailits.

§ 4. The price obtained from the sale shall be made up to the deposit account of the Minister of Finance to secure the claims of the rightholder.

Article 752. [ Depositary Account of the Minister of Finance] § 1. Occupied movable property shall not be deducted under the supervision of the righteners. The money occupied consists of the deposit account of the Minister of Finance, and the seized securities court submits to the bank.

§ 2. (repealed)

§ 3. (repealed)

Article 752 1 . [ Sales of financial instruments] § 1. In the event of a security being provided by the seizure of the rights from financial instruments recorded in the securities account or other account within the meaning of the provisions on the trading of financial instruments, as required within three months of the date of the classes may order their sales. The sum obtained from the sale shall be placed on the deposit account of the Minister of Finance. It may also order that the sum of cash on the account be paid into the account of the deposit of the Minister of Finance.

§ 2. The provision of § 1 does not apply to a collective account within the meaning of the provisions of the Act of 29 July 2005. marketing of financial instruments (Dz. U. of 2016 r. items 1636).

Article 752 2 . [ Seizure of bank account] § 1. In the event of an attachment to the bank account of the trader or the owner of the holding, the court shall, upon request, be made within a weekly period from the date of service of the freezing order, determine what amounts may be collected. the current payment of wages for the work together with a tax on remuneration and other statutory lorries, as well as on the current costs of the business.

§ 2. By sharing a security, the court may determine the use of a seized bank account in a different manner.

§ 3. Seizure of a bank account does not deprive the required right to transfer the claimed amounts to the deposit account of the Minister of Finance in order to pay the sum of the collateral.

§ 4. Article 3 (3) shall apply mutatis mutandis where other claims and property rights have been claimed within the framework of the security.

Article 752 3 . [ Warning entry in perpetual ledger] § 1. The provision of security arrangements establishing a ban on the disposal of the cooperative ownership of the right to premises forms the basis for the entry in the register of the perpetual warning of the prohibition of the disposal of those rights. Entry shall be made at the request of the authorized person. This provision is also served by the housing cooperatives.

§ 2. The housing joint shall be liable for damage caused by activities enabling the divestment of the law referred to in § 1.

Article 752 4 . [ Forced Board] § 1. The compulsory management of an undertaking or of an agricultural holding, either compulsory or on a part of an undertaking or part thereof, or a part of an agricultural holding, shall be carried out in accordance with the provisions of the provisions of the Management Board in progress. the execution of the property.

§ 1 1 The administrator shall establish the court issuing the order to grant the security. The order of establishment of the administrator shall at the same time be the basis for the implementation of the management board without the need for a declaration of enforceability. The administrator may not be obliged to do so.

§ 2. In the course of the management of the board of directors, the court may, with the consent of the rightholder and the obliged, authorise the management of the board

§ 3. With the consent of the obliged court, the court decides that the revenue obtained from the Management Board will be used for the satisfaction of the rightholder. Such consent shall not be required in the cases referred to in Article 4. 753, art. 753 1 and art. 754. When issuing an order for the transfer of income to the satisfaction of the rightholder, the court shall determine the amount to which the creditor shall be satisfied if that amount has not been specified in the order for security.

§ 4. In the event of consent to the satisfaction of the eligible income obtained by the Management Board, the provisions of Article 753 2 shall apply mutatis mutandis.

§ 5. In the cases referred to in paragraphs 2 to 4, the court shall give a decision on the freezing order.

Article 752 5 . [ Validity of legal acts] The legal acts required for the assets covered by the compulsory administration after the establishment of the Management Board are invalid. To determine the time of the impact of the establishment of the Board of Directors 910 shall apply mutatis mutandis.

Article 752 6 . [ Referral of execution to a property covered by a compulsory administration] § 1. In the event of the execution of the execution of the components of the property covered by the compulsory administration, further proceedings shall be carried out according to enforcement provisions by the compulsory administration. The provisions of Article 4 1064 4 and art. 1064 10 shall apply mutatis mutandis.

(2) If an undertaking or an agricultural holding which is covered by the management board established by the security procedure has been executed by the sale of an undertaking or an agricultural holding, the provision of Article 2 (1) shall 1064 14 shall apply mutatis mutandis.

Article 753. [ Commitment to payment of monetary amount] § 1. In cases of alimony, the security may consist of a liability that is required to be paid either once or periodically to a certain amount of money. In those cases, the security shall be based on the mere prima facie case of a claim.

§ 2. In the cases referred to in paragraph 1, the court of its own motion shall serve the parties with a copy of the security order.

Article 753 1 . [ Application of provisions of the Act] § 1. Article Recipe 753 shall apply mutatis mutandis to the security of claims of:

1) an annuity, the sum needed for the costs of treatment, for the responsibility for bodily injury or loss of life of the host or the health outfit and the change of the entitlements covered by life imprisonment for the life of the annuity;

(2) remuneration for work;

3) receivables due to warranty or quality guarantee or contractual penalty, as well as receivables due to the incompatibility of consumer goods with the consumer sale contract, against the entrepreneur up to twenty thousand zlotys;

4) tenancy or lease receivables, as well as claims on fees charged to the tenant or lessee, and fees for the use of accommodation or utility premises-up to the amount referred to in point 3;

5) repair of damage resulting from breaches of environmental regulations;

6) (repealed)

7) (repealed)

8) the remuneration of the originator of the inventive project;

9. the grant of the state compensation to the victims of certain acts prohibited, in part to cover the necessary costs of treatment, rehabilitation or burial.

§ 2. In the cases referred to in paragraph 1, with the exception of the cases referred to in paragraph 9, the court shall grant security after the hearing. The dismissal of an application for security may be made in an implicit meeting. Article Article 749 does not apply.

§ 3. In the cases referred to in paragraph 1 (1), (2) and (9), the provision of a security shall not be required to provide a prima facie case.

Article 753 2 . [ Edition of the judgment in an implicit meeting] In the cases referred to in Article 753 and art. 753 1 If a claim is deemed to be by a claim, the judgment in respect of the unsatisfied benefit may be delivered at a meeting of the same person.

Article 754. [ Securing future maintenance claims] The court may still before the birth of the child secure future maintenance claims related to the paternity arrangement referred to in art. 141 and art. 142 of the family and caring code, by the obligation to lay the appropriate sum on the cost of maintaining the mother for three months in the period of childbirth and on the maintenance of the child for the first three months after birth. In those cases, the time limit for bringing an action shall be three months from the date of birth of the child. The order shall be issued by the court after the hearing. The provisions of Article 4 733 and art. 753 2 shall apply mutatis mutandis.

Article 754 1 . [ Collapse of collateral] § 1. Unless the special provision provides otherwise, or if the court does not decide otherwise, the security granted under the provisions of this Title shall be lodged after one month from the right of entitlement to the claim which has been subject to the security.

§ 2. In cases where security has been granted in application of the Article 747 (1) or (6), the security shall be lodged if the person entitled within the period of two weeks from the right to have the claim in respect of the claimant has not requested further enforcement.

§ 3. At the request of a compulsory court, the court shall issue a provision stating that the security shall fall.

TITLE III

Other security incidents

Article 755. [ Provision of security] § 1. Where the security is not the subject of a monetary claim, the court shall grant the security in such a manner as it considers appropriate without excluding the means provided for in the protection of the monetary claims. In particular, the court may:

1) to normalize the rights and obligations of the parties or participants in proceedings for the duration of proceedings;

2) establish a prohibition on the disposal of objects or rights under consideration;

3) suspend the enforcement proceedings or other proceedings in order to execute the decision;

4) regulate the way of baking over minors of children and contacts with the child;

5. order that the relevant warning be entered in the perpetual register or in the appropriate register.

§ 2. In matters of protection of personal property, a security consisting of a prohibition of publication may be granted only if it does not object to an important public interest. By providing security, the court shall determine the duration of the prohibition, which shall not be longer than a year. Where the proceedings in a case are pending, the holder may, before the expiry of the period for which the prohibition of publication has been ordered, be subject to a request for further security; the provisions of the first and second sentences shall apply. If the right has requested further security, the prohibition of publication shall remain in force until the final decision has been reached.

§ 2 1 Article Recipe 731 shall not apply if the security is necessary for the reversal of the damage or other adverse effects.

§ 3. The Tribunal shall serve a compulsory order issued in an implicit meeting in which he or she orders him to carry out, or to refrain from, the operation or failure to obstruct the duties of the rightholder. This does not apply to the provisions ordering the issue of things in the duty of duty.

Article 756. [ Ruling on the issue of objects] In cases of divorce, separation and annulment of a marriage, the court may also rule on the issue of a spouse leaving an apartment jointly occupied by the spouses needed by the spouses.

Article 756 1 . [ Ruling on the security in matters relating to the care of minors and child contacts] In cases concerning the care of minor children and the contact with the child, the court shall rule on the security after the hearing, unless it is an accident which is not immediately applicable.

Article 756 2 . [ Threat of a payment order for the benefit of the rightholder] § 1. Having regard to the request for security by regulation:

1) relations for the duration of the proceedings,

2) ways of contacts with the child,

3) the way of roasting the dog over a minor child in this way, that the child will live with each of the parents in repeated periods

-the court, at the request of the rightholder, may, in the provision of a security award, jeopardise the obligation to pay a certain amount of money to an eligible person in the event of a breach of the obligations laid down in that provision.

§ 2. Rules of Art. 1050 1 and art. 1051 1 , and if the security is to regulate the way in which you have contact with the child or to determine that the child will live with each of the parents in repeated periods-the provision of art. 582 1 § 3, shall apply mutatis mutandis.

Article 757. [ Collapse of collateral] Unless the special provision provides otherwise, or unless the court otherwise decides, the security granted under the provisions of this Title shall be lodged after one month from the right of entitlement to the claim which has been subject to the security. At the request of the court, the court shall issue a decision declaring the security lapse.

PART THREE

ENFORCEMENT PROCEEDINGS

TITLE I

General provisions

SECTION I

Enforcement authorities, their jurisdiction and the procedure in general

Article 758. [ Property Property] Enforcement matters belong to the jurisdiction of the district courts and the bailiffs operating on these courts.

Article 759. [ Enforcement actions] § 1. Enforcement activities shall be carried out by bailiffs except those reserved for the courts.

§ 1 1 . The actions reserved for the court may be executed by a court referendary, excluding:

1. the application of coercive measures;

2) to rule on the collection of receivables in art mode. 873;

3) statements of the expiry of the effects of conquitting and loss of arms;

4) cases of execution of non-cash benefits except for the issue of movable property;

5) cases of enforcement by a forced administration;

6) cases of execution by the sale of an enterprise or an agricultural holding.

§ 2. The Tribunal may, on its own initiative, issue a Management Chamber to ensure that enforcement is properly executed and that the findings of the infringement are deleted.

Article 759 1 . [ Right of choice of comorator] The provisions of this Code concerning the properties of local baits do not evade the law of the choice of the baitman specified in the separate provisions.

Article 759 2 . [ Service by means of a computerised system or by means of electronic communication] The bairer shall make the administrative service to the enforcement authorities and the tax authorities only through the computerised system or by means of electronic means of communication, in the manner laid down in the rules adopted on the basis of Article 4 of the Rules of the European Union. 63a § 2 of the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. of 2016 r. items 599, 868, 1228, 1244 and 1579).

Art. 760. [ Form of applications and statements] § 1. The conclusions and statements in the enforcement proceedings shall be made in writing or orally to the minutes. Where a specific provision so provides or has been chosen to make a letter via the ICT system, applications and statements shall be made only through the electronic computer system.

§ 2. Where, in accordance with the provisions of this Code, there is a need for a hearing to be heard, the hearing shall take place, as the case may be, by writing a protocol in the presence or absence of the other party, or by a declaration by the party concerned. in writing or via the ICT system.

Article 760 1 . [ Provision of information] At the request of the creditor whose claim is determined by the enforcement or enforcement title, the enforcement authority which carries out the enforcement or which is competent to carry it out under the provisions of the Code shall give the claimant the information whether or not the enforcement action is carried out by the enforcement authority against the debtor and, if so, shall inform him of the methods of enforcement used and of the amount of the claims enforced and of the current state of the case.

Article 761. [ Submission of explanations and information] § 1. The enforcement authority may request the parties to file an explanation and consult public authorities, bodies carrying out public administration tasks, tax authorities, annuals, banks, cooperatives. credit and savings banks, brokerage companies, housing associations, housing associations and other entities managing housing and business premises, as well as other institutions and persons not participating in the proceedings necessary for the conduct of executions.

§ 2. From the execution of such a request, it may be waived to the extent that, according to the provisions of Part One of the Code, the presentation of a document or a statement of testimony as a witness or a reply to a question asked may be refused.

§ 3. The debtor, who has been notified of the initiation of enforcement, shall be obliged to notify within 7 days of the enforcement authority any change in his/her place of stay lasting more than one month. The debtor shall be informed of the obligation to do so and of the consequences of his negligence when it is notified of the initiation of enforcement.

Article 762. [ Grzywna] § 1. For an unjustified refusal to provide the enforcement authority with the explanations or information provided for in the Article. 761 or for providing information or explanations knowingly the false responsible person may be at the request of the creditor or from the office punished by the enforcement body fined up to two thousand zlotys. Such a fine can also be punished by the debtor, who neglecting the obligation to notify the change of his whereabouts.

§ 2. If the request for clarification or information was addressed to a legal person or other organization, the fined shall be subject to its staff member responsible for the provision of explanations or information, and if the determination of such employee was difficult, punished by her manager. Prior to issuing the decision, the enforcement authority shall hear the manager.

§ 3. A copy of the order to punish the fine execution body shall be served by the person to be punished, the parties and the prosecutor.

§ 4. (repealed)

§ 5. The punishment by the criminal enforcement authority shall not relieve the persons punished by criminal liability for failure to comply or overrun the duties of their official duties.

Article 762 1 . [ Proceedings against a soldier] In case of misconduct by a soldier in active military service, the duties referred to in art. 762 § 1 and § 2, the bailipper, instead of punishing the soldier with a fine, occurs to the commander of the military unit in which the soldier is serving the service, with the request to hold him to disciplinary responsibility.

Article 763. [ Notice of the party] The baiting shall be notified to the party of any such action at which time it has not been notified and at which time it has not been present, and shall give an explanation of the state of the case at the request of the party.

Article 764. [ Proceeding in case of obstruction of the bailicle function] The bailiper can be upheld, and after an ineffective reminder, it is possible to expel a person who behaves inappropriately or disturb his actions. In the event of failure to comply with the call for expulsion from the place of action the bailicle may punish such a fine person in the amount of up to a thousand zlotys.

Art. 765. [ Aid to competent authorities] § 1. In the event of resistance, the baitman can call on the assistance of the Police Department. If the resistance puts a military person, the assistance of the competent military authority should be called, unless the delay threatens to thwart execution, and there is no military authority on the ground.

§ 2 Method of granting the aid to the bailits in the execution of enforcement activities, the cases in which the aid to the bailits should be given, the procedure for the procedure, the mode of application of the aid, the manner in which it is carried out, and the way in which it is documented the operations carried out and the accounting of their costs shall be determined by means of a Regulation:

1) the minister competent for internal affairs in consultation with the Minister of Justice-in the case of the provision of assistance by the Police or Border Guard;

2) the Minister of National Defence in consultation with the Minister of Justice-in the case of the granting of assistance by the Military counter-intelligence service, the Military Intelligence Service, the Military Gendarmerie or the military ordinal bodies;

3) the President of the Council of Ministers in the case of the provision of assistance by the Internal Security Agency or the Intelligence Agency.

§ 3. In the Regulation referred to in paragraph 2, the guarantee of the security of the bailiers and the participants in the proceedings must be taken into account, respect for the dignity of persons taking part in the enforcement activities, the relevant time limits for the determination of the activities and the existence of the provision of assistance, the coverage of the performance of the activities and the participation of the aid officers involved, and the identification of the authorities on whose account the accounts are transferred in respect of the costs of execution.

Article 766. [ Meeting of the Court] The court shall recognize enforcement cases in an implicit meeting, unless there is a need to designate a hearing or a hearing at a meeting of the parties or other persons. In such cases, the court shall issue decisions in the form of provisions.

Article 767. [ Complain of the comorator's actions] § 1. There shall be a complaint to the district court on the task of the bainister, unless otherwise provided by the law. This also applies to the failure of the comorator to carry out the task. The court with which the bailinic operates is competent to identify the complaint against the operation of the bailicle. If a baitman has been chosen to carry out his execution outside the general jurisdiction, the complaint shall be recognized by the court, which shall be competent according to the general rules.

§ 1 1 The complaint shall not be entitled to the order of the bainist to request the removal of the deficiency letter, the notification of the time limit and the payment of the goods and services by the baitman.

§ 2. The complaint may submit a party or any other person whose rights have been infringed or endangered by acts or omisors of the baitbook.

§ 3. A complaint against the operation of the bailiche shall be to the satisfaction of the pleadings of the pleadings and shall state the contested action or action which has been abandoned, as well as the application for amendment, repeal or action, together with the reasons for that decision.

§ 4. The complaint shall be lodged within a period of one week from the date of completion of the action, where the party or person whose right has been infringed or threatened by the act of the bainist was present or has been notified of it; in other cases, from on the date of notification of the activity of the party or of a person whose right has been infringed or at risk by the act of the baitman and, in the absence of notification, from the day on which the complaint was made by the complainant of the action to be taken. A complaint shall be lodged within a period of one week from the date on which the complainant became aware that the action was to be carried out.

§ 5. The complaint shall be lodged with the baitman who has carried out the contested action or has failed to make it. The bailinic shall, within three days of receipt of the application, draw up the grounds of the contested action, unless it has been drafted in advance or the reasons for its omission, and shall transmit it together with the complaint and the file to the competent court, unless the complaint shall be taken into account In the light of the complaint, the bailinic shall notify the complainant and the interested parties concerned of the complaint.

Article 767 1 . (repealed)

Article 767 2 . [ Recognition of the complaint] § 1. The court shall recognize the complaint within a weekly period from the date of its impact to the court, and when the complaint contains formal deficiencies, which shall be supplemented, within a period of a week from its completion.

2. The lodging of a complaint shall not withhold the enforcement proceedings or the execution of the contested action unless the court suspends the proceedings or suspends the action.

Article 767 3 . [ Rejection of the complaint] § 1. The Tribunal shall reject the action brought after the expiry of the prescribed period, unpaid or for any other reasons inadmissible, as well as a complaint, the deficiencies of which have not been completed within the time limit. The decision of the court to reject the application shall serve as a complaint.

§ 2. Article Recipe 759 § 2 shall apply.

Article 767 3a . [ Complaint for the referendary's provision] An application for a decision of the referendary of a court shall be entitled, in cases in which the order of the court is entitled to a complaint. The lodging of a complaint shall not result in a loss of power by the contested decision of the judicial referendary. The court recognizes a complaint in the composition of one judge, as a court of second instance, applying the regulations on the complaint. When recognising the complaint, the court shall issue a provision in which the contested decision of the judicial referendary maintains or changes it.

Article 767 4 . [ Complaint] § 1. A complaint against the order of the court shall be due in the cases referred to in the Act.

§ 2. On the order of the court of second instance issued after the recognition of the complaint, the cassation complaint shall not be entitled.

§ 3. In enforcement cases, the application shall not be entitled to declare the illegality of the decision.

Art. 768. [ The complaint to the order in respect of the fine punishment] The order of the court for the punishment of the fine by the bailinic shall be entitled to a complaint.

Article 768 1 . [ Implementation of the final order of the bailiers to punish the fine] The final order of the bailinic to punish the fine shall be enforceable in the course of a judicial execution without supplying it with a declaration of enforceability.

Article 769. (lost power)

Article 770. [ Reimbursement of execution costs] The debtor shall return to the creditor the costs necessary for the purpose of carrying out the execution, including the costs of seeking the property of the debtor. Costs shall be brought together with the claimed claim. The costs of executions shall be determined by the order of the baitman if the execution of the execution belongs to him. The decision of the court of appeal shall be granted to the parties and to the bailier.

Article 770 1 . [ Implementation of the order] The final decision of the Comorator on the costs shall be enforceable without the need to supply it with a declaration of enforceability.

Article 771. [ Exemption from court costs] The exemption from court costs, granted to the party by the court in the proceedings or from which the party enjoys the power of the Act, extends also to the enforcement proceedings.

Article 772. (repealed)

Article 773. [ Hold of enforcement activities] § 1. In the event of the confluence of judicial and administrative enforcement to the same thing, or the right of property, the execution of that property or property shall be carried out by either the judicial or administrative enforcement authority which first carried out the seizure, and, in the case of if that priority is not possible, the enforcement authority which has carried out the claim against the claim in the higher amount.

§ 2. In the event of the confluence of administrative executions carried out on the basis of the uniform executive title of the Member State of the European Union or the foreign executive title defined in the Act of 11 October 2013. of mutual assistance in the investigation of taxes, customs duties and other monetary charges (Dz. U. Entry 1289 and 2015 items 211) and court executions for the same thing or property rights-executions for this thing or property rights shall be carried out by a total administrative enforcement authority.

§ 3. The execution of executions does not stop the execution.

§ 4. The party or participant in the proceedings shall inform the judicial enforcement authority of the execution of the execution of the same thing or of the property right, indicating the date on which each claim was made and the amount of receivables for which each claim was made.

§ 5. The judicial enforcement authority shall carry out the execution of its execution in a manner which is appropriate to the judicial authority.

§ 6. In the event of a subsequent judicial and administrative execution of the same thing or property rights, administrative enforcement shall be taken by the judicial enforcement authority, which shall carry out the execution of the execution as a result of the first execution of the execution.

Article 773 1 . [ Executions procedure] § 1. In the event of the confluence of execution for the same things, claims or rights, further execution shall be carried out by a baitler competent according to the provisions of this Code.

§ 2. If none of the baits are competent according to the provisions of this Code or the competent one is a few baits, the baitman who later initiated the execution, shall immediately transmit the case to the baitman who first initiated the execution, of which notify the creditor.

§ 3. In passing the case, the baitler is obliged to settle the costs of execution.

§ 4. The chamber which finds its unjurisdiction in the order to refer the case in accordance with the jurisdiction shall indicate the comorator of the reviewer to which the case is referred. If, in a reviewer to which the case is referred, more than one bailiff operates, by service of a copy of the order stating the non-jurisdiction, the bailiff shall at the same time invite the creditor to indicate, within seven days of the notification of the call, the baitman to whom the case is to be transferred. If the creditor in the above deadline does not make a choice or indicates a comorator which is not the right one, the baitler shall pass the case at his own choice. The complaint does not apply to the choice of the bairer from the correct reviewer.

Article 773 2 . [ Notice on the basis of the transfer of judicial enforcement to the administrative enforcement authority] § 1. The bailinist shall notify the parties, the participants in the proceedings and the administrative enforcement authority on the basis of the transfer of judicial enforcement to the administrative enforcement authority.

§ 2. After the operation referred to in paragraph 1 has been authorised, the baitman shall draw up and send to the administrative enforcement authority:

1) a copy of the executive title with the indication of the purpose to which it is intended, the amount of the previous costs incurred in the execution and the extent to which the claim of the creditor was satisfied;

2) a copy of the seizure document and the copies of other documents necessary for the proper execution of the execution;

3) information concerning the creditor and the number of the bank account to which the recovered cash receivables are to be transferred.

§ 3. Instead of the write-off referred to in § 2, the comorator may send a verified document obtained from the IT system.

§ 4. In the case referred to in § 2, the comorator:

1) reimburse to the creditor the unused advance;

2. it shall provide the administrative enforcement authority with the amounts recovered from the seizure of the goods or property rights which have not been paid to the creditor before the notification referred to in paragraph 1 is drawn up.

§ 5. The complaint shall also be granted to the administrative enforcement authority on the operation of the baitman and the failure of the baitman to carry out the action.

Article 773 3 . (repealed)

Article 774. [ Costs] § 1. The judicial enforcement authority, which has taken over the execution of a total of judicial and administrative enforcement, shall decide, in accordance with the procedure for it, also of the costs incurred in the execution of which the procedure was carried out.

§ 2. The judicial enforcement authority, which has taken over the execution of a total judicial and administrative execution, at the request of the administrative enforcement authority, shall inform that body of the conduct of the execution.

Article 775. [ Exemption of application of the law] Art. 773, art. 773 2 and art. 774 shall not apply in the event of the execution of administrative and judicial enforcement of security, as well as the confluence of administrative security with judicial enforcement, except in the cases provided for in Article 4 (1) of the Rules of Judicial procedure. 751.

Article 775 1 . [ Prohibition of refusal to accept other requests] A bairer who has accepted an application for the initiation of an execution to which he is not competent according to the provisions of this Code shall not refuse to accept other requests for enforcement against the same debtor, if the successor The creditors ask for execution according to the same methods as the earlier creditors.

SECTION II

Enforcement and enforceability

Article 776. [ Basis of execution] The basis for execution is the executive title. The enforceable title shall be the enforceable title of the enforceability clause, unless otherwise provided by the law.

Article 776 1 . [ Debtor Remaining in Marriage] § 1. The executive title issued against the debtor in matrimony is the basis for execution not only of the personal property of the debtor, but also of the remuneration collected by him for the work or income obtained from the debtor. the pursuit of other gainful activities and the benefits derived from his copyright and related rights, industrial property rights and other rights of the creator.

§ 2. The conclusion of a contract of matrimonial property, by which the property is extended, does not preclude enforcement from those assets which would have belonged to the personal property of the debtor, if such contracts were not concluded.

§ 3. The provision of § 2 does not preclude the defence of the debtor and his spouse by means of counter-enforcement actions, if the matrimonial property contract was effective against the creditor.

§ 4. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis where the enforcement is carried out on the basis of the enforcement title itself.

Article 777. [ Enforcement title] § 1. The enforcement titles shall be:

1) the judgment of the court of final judgment or subject to immediate execution, as well as the settlement concluded before the court;

1 1 ) the decision of the judicial referendary of the judicial authority, or immediately enforctively;

2) (repealed)

2 1 ) (repealed)

3) other rulings, settlements and acts which, by virtue of the law, are subject to execution by means of court execution;

4) a notarial deed in which the debtor has surrendered to the execution and which includes the obligation to pay the sum of money or the issue of the items marked on the species, quantitatively in the act specified, or the issue of the items individually marked when the act is indicated the time limit for the performance of the obligation or event on which enforcement is subject;

5) a notarial deed in which the debtor has surrendered to the execution and which includes the obligation to pay the sum of money up to the amount in the act explicitly specified or marked with the use of the valorisation clause, when the act indicates the event from which the debtor depends is to perform the obligation, as well as a time limit within which the creditor may request that the act be granted a declaration of enforceability;

6) a notarial deed set out in point 4 or 5, in which the non-personal debtor of the person whose object, claim or right is debited with a mortgage or a pledge, has given himself to the execution of the debt-laden object in order to satisfy the claim the amount of money to which the creditor is entitled.

§ 2. The statement of the debtor about the submission of execution may be filed also in a separate notarial act.

§ 3. (repealed)

Article 778. [ Enforcement of the property of accomplices] A enforcement title issued against all accomplices is necessary for the execution of a joint property of the members of a civil law company.

Article 778 1 . [ Enforcement title issued against the company] The court shall give a declaration of enforceability against the partner to a joint venture against an open company, a partnership, a limited partnership or a limited joint-stock company, without limitation of all its assets. for the company's obligations, if the execution against the company proves to be ineffective, as well as when it is clear that the execution will be ineffective.

Article 779. [ Execution of inheritance] § 1. It is necessary to execute a succession title against all heirs to the inheritance department.

§ 2. If the title was issued against the deceased, the passage of duties to the heirs shall be made in accordance with art. 788.

Article 780. [ Execution of the property of the roast of a pedestrian] If a property manager or a probation officer has been established or a testament contractor has been appointed, a enforcement title issued against those persons shall be required for the execution of the property of the property given them. The provisions of Article 2 of the preceding Article shall apply mutatis mutandis.

Article 781. [ Court Property] § 1. The enforceability clause of the court shall give the court of first instance the case in which the case is pending or towhether. The court of second instance shall grant a declaration of enforceability until the case file is in that court, however, this shall not apply to the Supreme Court and the cases referred to in Article 4. 778 1 , art. 786, art. 787, art. 787 1 , art. 788 and art. 789.

§ 1 1 Actions in cases of enforceability of enforcement titles referred to in art. 777 § 1, may execute a court referendary.

§ 1 2 The enforcing title referred to in Article 4 783 § 4, a declaration of enforceability, in the cases referred to in art. 778 1 , 787, 787 1 , 788 and 789, gives the district court the general jurisdiction of the debtor.

§ 1 3 . The application for a declaration of enforceability referred to in § 1 2 , it shall be accompanied by a document obtained from the teleinformatic system enabling the court to verify the existence and content of the enforcing title. Prior to the recognition of the application, the existence and content of the enforcing title shall be subject to verification by the judge or court referendary in the ICT system.

§ 2. The enforceable title from the administrative court and the other titles of the enforceability clause gives the district court the general jurisdiction of the debtor. If this property cannot be determined, the clause gives the district court in which the district is to be executed, and when the creditor intends to initiate the execution abroad, the district court in which the title of the title is drawn up.

§ 3. (repealed)

§ 3 1 . (repealed)

§ 4. (repealed)

Article 781 1 . [ Application for a declaration of enforceability] The application for a declaration of enforceability shall be recognised without delay, but not later than 3 days after the date of its submission.

Art. 782. [ Giving a Feasibility Clause] § 1. The enforceability clause shall give the court as a single judge, at the request of the creditor. The court of its own motion shall grant a declaration of enforceability to the enforcement title of the proceedings which has been or may have been initiated ex officialas well as to another enforceable title in the part in which it includes a fine or a pecuniary penalty in the proceedings. civil or judicial costs in civil matters of the State Treasury.

§ 2. The order for payment of the electronic payment procedure shall be subject to a declaration of enforceability, immediately after the application has been authorised.

Art. 783. [ Clause Body] § 1. The order for a declaration of enforceability shall also mention the enforceable title and, if necessary, shall mean the execution and scope of enforcement, and shall indicate whether the decision is enforceable as final or as immediately enforceable. Unless otherwise provided for in the special provision, the enforceability clause of a foreign currency shall be enforceable against the obligation of the bailiers to convert that amount into the Polish currency at the average rate of the currency. foreign announced by the National Bank of Poland on the date of preparation of the plan of division, and if the distribution plan does not prepare-on the day of payment of the amount to the creditor.

§ 1 1 . Immediately after the announcement of the provision for a declaration of enforceability, and when the notices were not immediately after its release, the enforceability clause shall be placed on the enforcement title, and in the cases referred to in art. 781 § 1 2 , on a document verified by a document obtained from a teleinformatic system confirming the existence and content of the enforcement title. The declaration of enforceability shall state that the enforcement title is entitled to enforcement and, if necessary, the information referred to in paragraph 1. The enforceability clause is signed by a judge or a court referendary.

§ 2. The Minister of Justice will determine, by regulation, the wording of the declaration of enforceability, having regard to the contents of paragraphs 1 and 1. 1 and the smooth conduct of executions and ensure the defence of the rights of its participants.

§ 3. Order to grant the enforceability clause of the enforcement titles referred to in Article 777 § 1 points 1 and 1 1 , it is issued without a record of a separate operative, by placing the enforceability clause on the title of enforcement and providing it with the signature of the judge or the referendary of the court, which issues the order. The original of the decision shall mention the granting of the declaration of enforceability.

§ 3 1 The decision to grant a declaration of enforceability of the enforceable title referred to in art. 777 § 1 points 1 and 1 1 , issued in electronic form, is issued without the writing of a separate operative part, by placing a declaration of enforceability in the ICT system and providing it with a qualified electronic signature, a judge or a court referendary, which issues the order.

§ 3 2 . Provisions § 3 and 3 1 does not apply in the cases referred to in Article 778 1 , art. 787, art. 787 1 , art. 788 and art. 789.

§ 4. Order to grant the enforceability clause of the enforcement titles referred to in Article 777 § 1 points 1 and 1 1 , issued in electronic form, shall be left exclusively in the ICT system, except in the cases referred to in Article 4. 778 1 , art. 787, art. 787 1 , art. 788 and art. 789.

§ 4 1 . (repealed)

§ 5. The Minister of Justice, in agreement with the Minister responsible for information, shall determine, by means of a regulation, the court's activities relating to the conferment of the enforceability clause referred to in paragraph 3. 1 , as well as the manner in which the titles of the executive and the use of the implementing titles referred to in paragraph 4 are kept, taking into account the need to improve the procedure and ensure the security of the use of electronic implementing titles.

Article 784. [ Title from the administration or special court] In order to obtain a declaration of enforceability of a title originating from a State administration or a special court which does not itself grant a clause, the creditor shall, in addition to the title, also certify that the title is enforceable, in addition to the title.

Article 785. [ Documents release] If a certificate or document is needed to obtain the declaration of enforceability, which, according to the law, is required to issue the debtor, the creditor may also request that the debtor be issued. When a creditor cannot obtain a certificate or a document, or when it comes to giving an ex officio clause, the court shall be administered by the court.

Article 786. [ Implementation of enforcement title] § 1. If the enforcement of the enforcement title is subject to an event which the creditor should prove, the court shall impose a declaration of enforceability upon delivery of the proof of that event in the form of an official or private document with the signature officially certified. This does not apply to an accident where execution is subject to simultaneous mutual benefit, unless the debtor's provision consists in a declaration of will.

§ 2 If the obligation to pay the remuneration to be paid in a recovery decision or set in the settlement is dependent on the employee's work, the enforceability clause in the part relating to that remuneration shall be granted after the the statement that the employee took up the job.

Article 786 1 . (repealed)

Article 786 2 . (repealed)

Article 787. [ Feasibility clause against spouses] The enforceable title shall also be enforceable against the surviving party against the spouse, with a limitation of his liability to the property covered by the property, if the creditor can prove that he/she is entitled to an enforceable title in the case of a person who is entitled to a death or a person who is not an official or private document that a claim has been established by a legal act with the consent of the debtor's spouse.

Article 787 1 . [ Enforceability clause against the debtor's spouse] The enforceable title of the enforceable title against the surviving spouse shall be entitled to a declaration of enforceability against the debtor's spouse with a limitation of his liability to the undertaking in the common property of the spouses, if the creditor shows an official or private document that the claim has been made as an enforceability, the claim arose in connection with the establishment of the undertaking.

Article 787 2 . [ Conclusion of matrimonial property agreement] The conclusion of a contract of matrimonial property shall not prevent a declaration of enforceability under the provisions of Article 4. 787 and art. 787 1 and to conduct on the basis of such an established enforcing enforcing title to those elements which would have belonged to the common property if the assets had not been concluded. This provision does not preclude the defence of spouses by means of counter-enforcement actions if the matrimonial property contract has been effective against the creditor.

Art. 788. [ Clause for other persons] § 1. If the entitlement or the obligation after the execution of the enforcement title or in the course of the case before the title has been passed on to another person, the court shall impose a enforceability clause in favour of or against that person, when the passage is shown by an official document or private with the signature officially certified.

§ 2. The passage of the powers or obligations referred to in the preceding paragraph shall also be considered to be changes in the law to dispose of the property caused by the establishment of the manager of the property, the probation officer or the executor of the will, as well as the termination of the functions of these persons.

Art. 789. [ Buyer of an enterprise or of an agricultural holding] Article 1 of the preceding Article shall apply mutatis mutandis to the purchaser of an undertaking or to a holding where the title of enforcement has become final before the acquisition.

Article 789 1 . [ Hearing of the Buyer] If the creditor cannot obtain a document establishing the disposal of an undertaking or an agricultural holding, or if the acquisition of such a document has been unduly obstructed, the court shall, in accordance with Article 4, hear the purchaser before the declaration of enforceability. 760 § 2. If the purchaser denies the existence of grounds for a declaration of enforceability against him, the court at the request of the creditor, and in matters of alimony or claim from the scope of labour law, also ex officio, shall call upon the purchaser to show the documents determining the acquisition. The provisions on the valuation of assets shall apply mutatis mutandis. Where the circumstances of the acquisition of an undertaking or of an agricultural holding are granted, the court shall impose a declaration of enforceability without showing the document establishing the acquisition.

Article 789 2 . [ Executive title to be issued against the vendor of the undertaking or the agricultural holding] § 1. The instrument issued against the seller of the undertaking or the agricultural holding is also the basis of enforcement against the purchaser of the undertaking or the agricultural holding, if the creditor has lodged an application for the initiation of execution within a month of the date of acquisition of the undertaking or the holding

§ 2. The provision of Article 1 shall apply mutatis mutandis where the transfer of obligations occurred as a result of a division, merger or other transformation of an undertaking or an agricultural holding, or as a result of a transfer to a company or its organised undertaking. parts made in the commercialisation and privatization mode of state-owned enterprises.

§ 3. The provisions of § 1 and § 2 shall not prejudice the provisions on the limitation of liability of the purchaser of an undertaking or of an agricultural holding for the obligations of the seller.

Article 790. (repealed)

Art. 791. [ Executive title obliging the release of the property, ship or room emptying] § 1. The instrument permitting the issue of the property, the vessel or the emptying of the premises shall also authorise the execution of the execution of the property against any person who has acquired the authority over the subject after the opening of the procedure in which the title was issued. execution.

§ 2. The executive title obliging the release of the property, the ship or the emptying of the room authorizes the execution not only against the debtor, but also against his household, relatives and other persons representing his or her rights.

§ 3. The provisions of paragraphs 1 and 2 shall not exempt the rights of the occupants and of the rights which are effective against the creditor. If the debtor claims that the debtor is entitled to an effective right to the creditor, the bailiff shall refrain from enforcement actions in relation to him, instructing that he or she may, within a period of one week, take the action of depriving him of the title enforceability.

§ 4. (repealed)

§ 5. After the expiration of the month from the date of cessation of the operation, the bailiffs will take further enforcement actions against the debtor, unless the enforcement proceedings have been suspended by the decision of the court to grant the security.

Art. 792. [ Limited Liability] If the successor is liable only for specific subjects or to the extent of their value, he shall be entitled to the right to invoke in the course of enforcement proceedings under a limited liability, provided that the law does not apply to him or her is reserved already in the enforcement title.

Article 793. [ Further implementing titles] Where there is a need to carry out executions in favour of several persons or against several persons or from several components of the part of the property of the same debtor, the court, in addition to the first enforcing title, may issue further titles, marking the purpose for which they are serve, and their ordinal number.

Article 794. [ Runtime title reissue] The reissue of the enforsable title instead of forfeit may take place only by the order of the court issued after the hearing. The reissued executive title shall make reference to the release of the original title. In the proceedings, the court limits the examination to the fact that the enforcement title is lost

Article 794 1 . [ A determination to grant a declaration of enforceability in the part concerning reimbursement of the costs of proceedings] § 1. The decision to grant a declaration of enforceability in the part in which the creditor has been granted the reimbursement of the costs of the proceedings shall be enforceable without the need to supply it with a declaration of enforceability.

§ 2. Where a provision is made for a declaration of enforceability in the manner laid down in the Article 783 § 3 or 3 1 the decision to grant a refund to the creditor shall be placed in a declaration of enforceability.

Article 794 2 . [ Notification of an order issued in an implicit meeting] § 1. An order issued in an implicit meeting shall be served only by the creditor. Provision for the declaration of enforceability as referred to in Article 783 § 4, shall be served in the manner provided for in the Article. 131 1 .

§ 2. Where a provision is made for a declaration of enforceability in the manner laid down in the Article 783 § 3 or 3 1 the reasons for the order shall be drawn up and delivered to the creditor, at the request of the creditor, within a period of one week from the date on which it was issued to the creditor or service of the notification of the establishment of the instrument in the electronic computer system.

§ 3. The debtor may require that the reasons for the application for a declaration of enforceability and service of the order be served on a reasoned order within a period of a week from the date on which the notice of initiation of the enforcement is notified to him. Where an order for a declaration of enforceability has been issued without a reference to the operative part of the operative part, the debtor shall be served only with the reasons for the order.

Article 795. [ Complaint] § 1. The decision of the court to give a declaration of enforceability shall be entitled to a complaint.

§ 2. The term to lodge a complaint shall run for the creditor as from the date of the issuance of the enforceability or notification of the creditor for the establishment of the enforceability title in the IT system or as of the date of publication of the refusing order, and when the notices are not was, from the date of service of that provision. For the debtor, that time limit shall run from the date on which the notice of initiation of the execution is notified to the debtor. If the application referred to in Article 4 is notified. 794 2 Paragraph 2 or 3, that time limit shall run from the date on which the reasons for the order are served or the reasons for which it is justified.

§ 2 1 . In the cases referred to in art. 778 1 , art. 786, art. 787, art. 787 1 , art. 788 and art. 789, or if the enforcement title is not a court decision or a court referendary, the court of second instance, having regard to the complaint of the creditor to the order refusing to give a declaration of enforceability, repeals the contested order and passes it on the application for retrial if there are grounds for a declaration of enforceability.

§ 3. Provisions of § 2 and 2 1 shall apply mutatis mutandis to a complaint against a judicial referendary decision.

CHAPTER IIa

Attestation of the European enforcement title

Article 795 1 . [ Certificate of European Enforcement Order] § 1. If the enforceable title in the form of a court decision or settlement concluded before a court or approved by a court meets 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 on the creation of a European Enforcement Order for uncontested claims (Dz. Urz. EU L 143 of 30.04.2004, p. 15, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 19, t. 7, p. 38), hereinafter referred to as "Regulation No 805/2004", the court which issued the judgment or before which the settlement was concluded or which approved the settlement, at the request of the creditor shall issue a certificate, that they constitute the European enforcement title, hereinafter referred to as 'certificate of the European enforcement order'.

(2) If the application for a European enforcement certificate is subject to a different enforcement title than that referred to in paragraph 1, the application shall be decided by the district court in which the title of the title is drawn up.

Article 795 2 . [ The composition of the court when issuing the certificate of the European title] The order for the issue of a European enforcement order certificate shall be issued by a single Judge.

Article 795 2a . [ Service of the European Enforcement Order certificate] In the case of the enforcement title referred to in art. 783 § 4, the certificate of the European Enforcement Order shall be served with the document verified by the court, obtained from the teleinformatic system confirming the existence and content of the enforcement title.

Article 795 3 . [ Refusal to issue a certificate of the European title] § 1. The order of refusal of the European Enforcement Order certificate shall be served only by the creditor.

§ 2. In order to refuse to issue a European enforceable title, the creditor shall be entitled to a complaint. The remorse shall not be served by the debtor.

Article 795 4 . [ Repeal of the European Enforcement Order certificate] § 1. Where it is found that there is a basis in the provisions of Regulation No 805/2004 the basis for the repeal of the European Enforcement Order certificate, the court which issued it shall, at the request of the debtor, repeal that attestation.

The application shall be notified within a period of one month from the date of service to the debtor of the decision to issue the certificate.

§ 3. If the application is not made out on the form laid down in the provisions of Regulation No 805/2004, it shall make a statement of the conditions of the pleading and indicate the circumstances justifying the application.

§ 4. Prior to the repeal of the certificate, the court shall hear the creditor.

§ 5. The decision on the repeal of the European Enforcement Order certificate shall be entitled to a complaint.

Article 795 5 . [ Relevant application of the provisions] § 1. The provisions of Article 4 795 1 -795 2a it shall apply mutatis mutandis to the issue provided for in the provisions of Regulation No 805/2004 on the loss or enforceability of the enforceable title bearing the European enforcement title. An application for such a certificate may also be submitted by the debtor.

(2) The decision on the issue of the certificate referred to in paragraph 1 shall be entitled to a complaint.

CHAPTER IIb

Declaration of enforceability of European order

Article 795 6 . [ Statement of enforceability of European order for payment] § 1. The court which issued the European order for payment shall, on its own initiative, state its enforceability if the conditions laid down in the provisions of Regulation (EC) No 1896/2006 are fulfilled.

§ 2. The order may also be issued by a court referendary.

Article 795 7 . [ Complaint] The decision on the declaration of enforceability shall be entitled to a complaint.

CHAPTER IIc

Certificate concerning the judgment given in the European Small Claims Procedure

Article 795 8 . [ Proof of the judgment given in the European Small Claims Procedure] § 1. The court which issued the judgment in the European Small Claims Procedure shall issue, on request, a certificate of the judgment referred to in the provisions of Regulation (EC) No 861/2007 if the conditions laid down in that Regulation are met.

§ 2. The order may also be issued by a court referendary.

Article 795 9 . [ Complaint] The order on the issue of the certificate shall be entitled to a complaint.

CHAPTER IId

Certificates for decisions, settlements and other enforceable titles in civil and commercial matters

Article 795 10 . [ Certificate for the recognition or enforcement of a decision, a settlement and a title] § 1. If the judgment falls within the scope of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012. on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Dz. Urz. EU L 351, 20.12.2012, p. 1, from late. zm.), hereinafter referred to as 'Regulation No 1215/2012', meets the conditions laid down in that Regulation, the court which issued it, issues a certificate for the recognition or enforcement of that judgment in another Member State of the European Union, set out in the Regulation.

(2) If a settlement falling within the scope of Regulation No 1215/2012 meets the conditions laid down in that Regulation, the court before which the settlement was concluded or approved it shall issue a certificate, if necessary, for the execution of that agreement in another a Member State of the European Union as defined in the Regulation.

§ 3. If a different enforcement title than that referred to in § 1 or 2 falls within the scope of Regulation No 1215/2012 meets the conditions laid down in that Regulation, the district court in whose district the title is drawn up shall issue an attestation for the application of the certificate for the purposes of the implementation of this title in another Member State of the European Union, as defined in the Regulation.

§ 4. The order may also be issued by a court referendary.

Article 795 11 . [ The complaint to the order on the issue of a certificate] The order on the issue of the certificate shall be entitled to a complaint.

SECTION IIe

Extracts from decisions, settlements and other enforcement titles in maintenance matters

Article 795 12 . [ Extract from the ruling, the settlement and the title] § 1. If the judgment falls within the scope of Council Regulation (EC) No 4/2009 of 18 December 2008. on the jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters of maintenance obligations (Dz. Urz. EU L 7, 10.01.2009, p. 1, from late. zm.), hereinafter referred to as 'Regulation No 4/2009', meets the conditions set out in that Regulation, the court which issued it, issues upon request an extract of that decision as laid down in the regulation for the recognition or enforcement of a judgment in another State of the European Union.

(2) If a settlement falling within the scope of Regulation No 4/2009 fulfils the conditions laid down in that Regulation, the court before which the settlement is concluded or approved it shall issue an extract from the settlement set out in the Regulation for the purposes of the execution of a settlement in another Member State of the European Union.

§ 3. If a different enforcement title than that laid down in § 1 or 2 falling within the scope of Regulation No 4/2009 meets the conditions laid down in that Regulation, the district court in whose district the title is drawn up shall issue an extract of that title on request. specified in the Regulation for the implementation of the title in another Member State of the European Union.

§ 4. The order may also be issued by a court referendary.

Article 795 13 . [ The complaint against the refusal to issue an applicant's exaltation] The order of refusal of the applicant shall be entitled to a complaint. The remorse shall not be served by the adversary.

SECTION IIf

Certificates for decisions covering protection measures in civil matters

Article 795 14 . [ The entity issuing the certificate on decisions incorporating protection measures] If a judgment involving a protection measure falling within the scope of the Regulation of the European Parliament and of the Council (EU) No 606/2013 of 12 June 2013 on the mutual recognition of protection measures in civil matters (Dz. Urz. EU L 181 of 29.06.2013, p. 4), hereinafter referred to as "Regulation No 606/2013", meets the conditions set out in that Regulation, the court which issued the decision, issues upon the application of the protected person specified in the regulation a certificate for the recognition or enforcement of that rulings in another Member State of the European Union.

Article 795 15 . [ The complaint against the refusal to issue the applicant's certificate] The order of refusal of the applicant shall be entitled to a complaint. The remorse shall not be served by the adversary.

Article 795 16 . [ Application for repeal of the certificate] § 1. Where it is found that there is a basis for the repeal of the certificate in Regulation No 606/2013, the court which issued it shall, at the request of the party or of its own motion, revoke that attestation.

The application shall be made within a period of one month from the date of service of the decision on the issue of the certificate.

§ 3. The application shall comply with the conditions of the pleading and shall indicate the circumstances justifying the repeal of the certificate.

§ 4. Before the waiver of the certificate, the court shall hear the person covered by the protection, unless it is an applicant.

§ 5. The decision on the repeal of the certificate shall be entitled to a complaint.

Article 795 17 . [ Application of provisions of the Act] § 1. Article Recipe 795 14 it shall apply mutatis mutandis to the issue set out in Regulation No 606/2013 attestation of the suspension, limitation or repeal of the protection measure.

(2) The decision on the issue of the certificate referred to in paragraph 1 shall be entitled to a complaint.

SECTION III

Initiation of execution and further enforcement

Article 796. [ Request for enforcement] § 1. An application for the initiation of enforcement shall be made in accordance with the jurisdiction of the court or of the bailits.

§ 2. In cases which may be instituted from office, the execution may be instituted from the office at the request of the court of first instance, which the case recognized, addressed to the competent court or baitay.

§ 3. Enforcement may also be initiated at the request of an authorized body.

Article 797. [ Application content] § 1. An application for the initiation of enforcement or a request for execution ex officio shall indicate the benefit to be fulfilled. An executive title shall be attached to the request or request.

§ 2. An application for the initiation of enforcement under the enforcing title referred to in art. 783 § 4, can be submitted to the chamber also via the IT system.

§ 3. If enforcement is the basis of enforcement, referred to in art. 783 § 4, the request for enforcement or a request for execution of an ex officio shall be accompanied by a document obtained from the teleinformatic system enabling the enforcement authority to verify the existence and contents of that title and, in the case of filing an application for the initiation of enforcement by means of a computerised system shall be indicated by the instrument permitting enforcement.

§ 4. Starting execution on the basis of the executive title referred to in art. 783 § 4, the baitler is obliged to verify the contents of the document presented to him obtained from the IT system and the selection in this system of the fact of carrying out executions on the basis of this title.

§ 5. Whenever there is a law on the presentation (presentation, inclusion, service or submission) of the enforceable title, that title shall be the enforceable title referred to in Article 3 (1) of the Rules of the Act. 783 § 4, the subject of the document referred to in § 3 shall be provided by the bainist. If an enforceable title is to be filed in proceedings conducted by a court or bailey, the submission of a document obtained from the teleinformatic system shall suffice. The provisions of § 4 shall apply mutatis mutandis.

Article 797 1 . (repealed)

Art. 798. [ Choice of benefits] If the debtor is entitled to a choice between the benefits to be met and the choice has not yet been made, the baitler shall, at the request of the creditor, appoint the debtor, at the request of the creditor, to make a choice. After the expiry of that time limit, the creditor will choose the benefit to be met.

Article 798 1 . [ Deduction of the amount of the amount paid into Polish currency] § 1. If the enforceable title includes a cash benefit in foreign currency, the enforcement body shall convert the amount of the amount to the Polish currency at the average rate announced by the National Bank of Poland on the date of drawing up the distribution plan, and if the plan is not -on the date of payment of the quota to the creditor.

§ 2. The provision of Paragraph 1 shall not apply where it is apparent from the enfortable that the cash benefit is met solely in a foreign currency. In such a case, the enforcement authority shall acquire the currency in the bank. When the execution is initiated, the enforcement authority shall appoint a period for the debtor for a weekly period to indicate the bank. After the ineffective expiry of the prescribed period, the enforcement authority calls on the creditor to indicate the bank within a weekly period. If the debtor or the creditor does not indicate the bank, the bank shall be indicated by the enforcement authority. The bank indicated by the creditor or enforcement authority shall not be the creditor.

Article 799. [ Indication of ways of execution] § 1. An application for the initiation of enforcement or a request for enforcement ex officio shall be such as to enable enforcement to be carried out in all acceptable ways, except in the case of executions from immovable property. Directing the execution to the property of the debtor and the elements of its property, to which the provisions on the execution of the property shall apply accordingly, shall be possible only at the request of the creditor. The creditor can indicate his choice of ways or means of execution. The enforcement authority shall apply the execution of the least onerous execution of the debtor.

§ 2. If the execution from one part of the debtor's assets is, of course, sufficient to satisfy the creditor, the debtor may demand the suspension of execution from the rest of the property.

Article 800. [ Prohibition of merger proposals] § 1. Applications addressed to the court may not be combined with applications addressed to the baitler. It is also not possible to combine applications that are addressed to different courts.

§ 2. In the event of an unacceptable merger, the court or the bailiff shall recognize the application in respect of its jurisdiction, and in the remainder, the application shall be sent to the competent enforcement authority if the creditor submits a copy of the application within the prescribed period.

Article 801. [ Clarification of the debtor] If the creditor or the court managing authority from the office of enforcement or the competent authority requesting the execution of the enforcement does not indicate any property enabling him to satisfy the benefit, the baitman calls on the debtor to submit the list of assets or other explanations necessary to carry out executions.

Article 801 1 . [ Submission of the list of assets before the bailiers] § 1. The debtor shall submit a list of assets before the bailiary under penalty of criminal liability for making a false statement. In calling on the debtor to submit a list of assets, the baitman shall warn him of criminal liability for making a false declaration and instruct that in the event of a non-listing of the assets, the creditor may order the bairer to seek the debtor's assets.

§ 2. Rules of Art. 913 § 1, art. 916, art. 917, art. 918 1 , art. 919 and art. 1053 § 2 shall apply mutatis mutandis, with the fact that the order to punish the debtor shall be issued by the bailicle. The court shall, at the request of the bailiers, apply to the debtor or to apply the arrest not exceeding one month.

Article 801 2 . [ Request for the search for the debtor's property] If, by means of operations provided for in Article 801 cannot determine the property to satisfy the benefit to which the execution may be addressed, the creditor may order the bairer to search for the debtor's property.

Article 802. [ Appointment of a Curator] If the whereabouts of the debtor are not known, the court shall establish the probation officer for him at the office when the enforcement is to be taken from office, and in other cases, at the request of the creditor.

Article 803. [ Scope of execution] The enforceable title shall be the basis for the execution of the entire claim and of all parts of the debtor's assets, unless it is otherwise apparent from the content of the title.

Article 804. [ Enforcement of the obligation] The enforcement authority shall not be entitled to examine the appropriateness and the requirement of an obligation covered by the implementing title.

Article 804 1 . [ The entry into the proceedings in the event of the exercise of the exercise of an enforceable entitlement to another person] In the event of a transfer of an enforceable entitlement to another person after the initiation of enforcement proceedings, that person may enter the proceedings for the place of the creditor with his or her consent, provided that the passage is shown by an official document or a private document with the the signature of the officially certified signature.

Article 805. [ Notice of Initiation of Enforcement] § 1. On the first enforcement act, the debtor shall be notified of the initiation of the execution, giving the content of the enforceability and the manner in which he is executed, and with an indication of the possibility, of the time limits and the manner in which the appeal is lodged against the debtor. the decision to grant a declaration of enforceability, and a copy of the enforceable title drawn up by the enforcement authority or verified by the comorary of the document referred to in Article 797 § 3.

§ 1 1 . If the basis of enforcement is the enforceable title in the form of the enforceability clause of a judgment or order of payment issued in the order of order, the award procedure or the electronic gift procedure, the instructor shall instruct him the debtor also with the content of art. 139 § 1 and 5, art. 168, art. 172, art. 820 3 § 1 and 2 and art. 825 point 2, as well as the enforceable title of the Article. 344, art. 346, art. 492 § 3, art. 493 and art. 503 or art. 505 35 .

§ 2. At the request of the debtor the baiter should show him the enforceable title in the original.

§ 3. Where enforcement is carried out on the basis of the enforcing title referred to in Article 783 § 4, the obligation to show the original of the executive title referred to in § 2 consists in the presentation of the debtor verified by the bailicle of the document referred to in art. 797 § 3.

Article 805 1 . [ Notice of Occupation] § 1. If, in the course of executions, it is disclosed that a registered pledge has been established on the subject, claims or almost established, the bailiers shall immediately notify the pledge of the registered pledge of the pledge.

§ 2. In carrying out an execution of a benefit exceeding twenty thousand zlotys, the bailipper is obliged to obtain from the central information about the registered pledges the data on whether the debtor is a pledger of the registered pledge and who is a pledge. The commander shall immediately inform the pledge of the registered pledge when the execution is initiated.

§ 3. If enforcement is directed to a mechanical vehicle and the debtor has not issued the vehicle registration proof, the bailiff shall be informed in the central information on the registered pledges, whether the vehicle is not busy with the pledge registry. In the event that a busy motor vehicle is found to be laden with a registered pledge, the bailiers shall immediately notify the pledge of the registered pledge of the execution of the execution.

§ 4. The sale of movable property, receivables and registered rights may take place no earlier than one week after the date of notification of the pledger.

Article 806. [ Comorator's duty] The bailiff should, at the request of the creditor, accept from him the money or other items falling due to the debtor in connection with the execution.

Article 807. [ Security] § 1. The security of accidents in the part of this provision should be made in cash to the baits ' hands or paid into the account of the Depository of Finance or deposited in the savings books or in securities. The court shall decide upon the issue of the security after hearing the persons concerned. The order of the court shall be entitled to a complaint.

§ 2. The Minister of Justice, in agreement with the Minister responsible for public finance, will determine, by way of regulation, the manner in which securities are lodged in securities, taking into account security of securities and the efficiency of enforcement proceedings.

Article 808. [ Deposit] § 1. If the amount of money that is filed in the enforcement proceedings is not subject to an immediate release, it shall be deposited into the account of the deposit of the Minister of Finance.

§ 2. Interest on the sums submitted to the deposit account of the Minister of Finance for the acquisition of the subject of executions are included in the sum obtained in the execution. The interest payable for the period from the date of drawing up the plan for the distribution of the sum obtained in execution until the date of implementation of the plan shall be returned to the holder.

Article 809. [ Protocol] The comorator shall state any enforcement action by the protocol which shall include:

1) the determination of the place and the time of action

2. the names of the parties and other persons participating in the task;

3) a report on the course of action;

4) the conclusions and statements of the present;

5) mention of the reading of the Protocol;

6) the signatures of the present or mention of the reason for the lack of signature;

7) signature of the comorator.

Article 810. [ Enforcement actions in specific cases] In the days of public holidays, as well as at night time, the enforcement activities may be carried out only in cases where the President of the District Court is authorized in writing, which he or she will be able to carry out by the debtor at the request of the debtor. performing a task.

Article 811. [ Enforcement in military buildings and Police] § 1. Within military buildings and occupied by the Police, Border Guard, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service or Central Anti-Corruption Bureau and in warships an enforcement action may be carried out only upon prior notification to the competent commander or the head of the unit and to the designated military authority, the police authority or the representative of the Internal Security Agency, the Agency, as appropriate. Intelligence, Military Contrintelligence Service, Military Intelligence Service, or Central Anti-Corruption Bureau.

§ 2. Means of assisting in the execution of enforcement activities, taking into account, in particular, the cases and places where the assistance of the authorities is required, the manner in which the assistance is carried out, the mode of notification to the competent authorities, as required by the documents, the way in which the operations are documented and the accounting of their costs shall be determined by means of a Regulation:

1) the Minister of National Defence in agreement with the Minister of Justice-in the case of the execution of assistance by the Military counterintelligence service, the Military Intelligence Service, the Military Police or the military ordinal authorities;

2) minister competent for internal affairs in consultation with the Minister of Justice-in the case of the execution of assistance by the Police or the Border Guard;

3) the President of the Council of Ministers in the case of the execution of assistance by the Internal Security Agency, the Intelligence Agency or the Central Anti-Corruption Bureau.

§ 3. Article 2 (2) shall apply to the Regulation referred to in paragraph 2. § 3.

Article 812. [ Persons present at execution] § 1. The creditor and the debtor may be present at the execution of the enforcement activities. Witnesses may also be present at the request of the parties, or witnesses may also be present, unless there is a fear that the execution of witnesses will be frustrated as a result of the loss of time to bring witnesses. Witnesses shall be referred to in no more than two of each side.

§ 2. The comorator should refer to one or two witnesses if the debtor is not present or the bailinic expelled him, unless there is a fear that, as a result of the loss of time to evoke witnesses, the execution will be thwarted.

§ 3. Family members and debtor's household members may also be witnesses.

§ 4. Witnesses shall not receive remuneration.

Article 813. [ Fluent] § 1. In cases requiring the consultation of an expert, the bailiers shall request the opinion of one or more permanent forensic experts. If there is no proficient speciality among the permanent forensic experts, the bailitist will ask the court to issue the expert and receive a pledge from him.

§ 2. The provision of Paragraph 1 shall apply mutatis mutandis where the permanent proficiency of the bailicle called by the bailiard has been disabled or has not accepted the obligation imposed on him for the reasons set out in the Article. 280, and there is no other expert of this speciality among the permanent forensic experts.

Article 814. [ Searches of rooms and clothing] § 1. If the purpose of the execution requires, the bailiers will open the apartment and other premises and lockers of the debtor, as well as the search of his belongings, the apartment and the locker. If it wasn't enough, the baitler can also search the garments that the debtor has on her own. The bailiper can also do so when the debtor wants to expel himself or if there is a suspicion that he wants to remove the objects he has with him.

§ 2. If, at the time of execution of the enforcement activities in the debtor's apartment, the bailipper notices that the debtor has given up the sought objects to his household or other person to hide, the bailiper can search the person's clothing and the objects he has with each other.

§ 3. The search of clothing on the person of the debtor and the items which the debtor has in his/her place, other than the place of residence, the undertaking, the establishment and the holding of the debtor may take place on the basis of the written permission of the competent President of the District Court. In cases of urgent search, a search may be made without authorisation, but such action must be immediately submitted for approval to the president of the district court.

§ 4. The search of clothing can only be made by a person of the same sex as the debtor. Search of garments on a soldier in active military service or police officer, government security offices, internal security agencies, intelligence agencies, military counterintelligence service, military intelligence service, Central Bureau The anti-corruption or the Border Guard shall carry out in the presence of the bailiche of the Military Police or Military Police Department or the person appointed by the officer of the officer respectively.

Article 815. [ Receiving] § 1. If the Act does not provide otherwise, any payment to the baik may be made by cash or by order of the transfer to the calculator's account, and with the permission of the bainister also in other ways.

§ 2. The baiting of the baikman shall have the same effect as the receipt of the creditor in the form of an authentic instrument.

Article 816. [ Completion of enforcement proceedings] § 1. Upon completion of the enforcement proceedings, the result of enforcement and the title of the stay in the file shall be noted at the enforcement title, and if the benefit covered by the title has not been fully met, the title shall be returned to the creditor.

§ 2. If the execution was carried out on the basis of the executive title referred to in art. 783 § 4, the result of executions is recorded in the ICT system.

§ 3. The completion of enforcement proceedings in any other way than by redemption of the bailiffs shall state the order by decision of the costs.

Article 816 1 . [ Data in electronic form] Electronic data produced as a result of the use of the comorator listed in art. 797 § 4 and art. 816 § 2 shall be supplied with qualified electronic signature.

Article 817. [ Reexecution] In cases of breach of possession, the completed execution may be retaken on the basis of the same enforceability, if the debtor has again made a change contrary to that title, and the request on the subject shall be notified before the date of the decision. the expiry of six months after the completion of the execution.

SECTION IV

Suspension and remission of proceedings

Article 818. [ Suspension from office] § 1. The enforcement authority shall suspend the proceedings of its own motion if it appears that the creditor or debtor is not in a procedural capacity or a statutory representative. At the request of the creditor, and in the event that the execution has been initiated ex officio without such an application, the court shall establish for the debtor the non-capacity of the probation officer in time to establish a statutory representative.

§ 2. The statutory representative of the creditor or debtor, as well as the guardian of the debtor, may challenge the court's provisions and the task of the chamber made at the time when the party did not have due representation. The period of appeal shall run from the date on which the statutory representative or curator received a notice of pending proceedings and, if he had previously notified his participation in the proceedings, from the date of that notification. A repetition of the action already made may be requested only if, in the performance of the operation, there has been a breach of the rights of a party which has not had a statutory representative without a procedural capacity.

Article 819. [ Death of a party] § 1. The enforcement authority shall also suspend the proceedings of the office in the event of the death of the creditor or of the debtor. The proceedings shall be taken with the participation of the heirs of the deceased.

§ 2. If the debtor's heirs did not include the inheritance or are not known, and there is no probation officer, the court at the request of the creditor will establish the probation officer for them.

Article 819 1 . [ Establishment of an undertaking or an agricultural holding after the initiation of enforcement proceedings] § 1. The divestment of an undertaking or an agricultural holding after the initiation of enforcement proceedings shall not affect the course of that proceeding.

§ 2. The provision of § 1 shall apply mutatis mutandis in the event of transformation of the organisational debtor which is a legal person, as well as a commercial company without legal personality, as well as the transformation of a civil partnership into a commercial company.

Article 820. [ Suspension of the proceedings at the request] The enforcement authority shall suspend the proceedings at the request of the creditor. At the request of the debtor, the proceedings shall be suspended where the court has abrogated the immediate enforceability of the title or suspended its execution or the debtor has lodged the security necessary in accordance with a judicial decision to release him from execution.

Article 820 1 . (repealed)

Article 820 2 . [ Restriction of execution to safeguards] § 1. In the case of executions carried out on the basis of the enforceable title in the form of the enforceability clause of a court decision issued in the European Small Claims Procedure, the court may at the request of the debtor stay the proceedings enforcement, even if the possibility arises from the provisions of Regulation (EC) No 861/2007.

§ 2. The Tribunal may also, at the request of the debtor, limit the execution to the security measures or make the execution of the title conditional upon the submission by the creditor of the appropriate security, if that possibility is provided for by the provisions of Regulation (EC) No 861/2007. In order to limit enforcement to the security measures, the court shall determine the way in which the security is secured by applying the provisions on the means of securing claims in the security proceedings. The order of the court shall be entitled to a complaint.

Article 820 3 . [ Suspension of proceedings on the basis of a judgment or order for payment upon request of a debtor] § 1. The bailiger shall suspend, at the request of the debtor, the proceedings under the enforceable title in the form of a declaration of enforceability of the judgment, order for payment of the order issued in order, gift or electronic proceedings a reminiscent procedure where the debtor provides a certificate as referred to in Article 139 § 5, from which it is apparent that the judgment or order for payment has been served on a different address than the place of residence of the debtor established in the enforcement proceedings. The debtor shall not be obliged to provide the certificate referred to in Article 4. 139 § 5 if the circumstances to be determined are due to the document referred to in Art. 797 § 3.

§ 2. The chamber shall, at the request of the creditor, take the proceedings suspended pursuant to paragraph 1 if the court or referendary of the court before which the case is pending or whether the order for payment of the judgment or of the order for payment is correct, or- in the event of a re-service, that the time limit has expired, unless there is any other basis for suspension of proceedings or the proceedings are remitted. For that purpose, the court or the referendary of a court shall, at the hearing, issue an appropriate certificate at the request of the creditor.

§ 3. The suspension of enforcement proceedings in the case referred to in paragraph 1 shall not preclude the bailiers from taking steps to implement the enforceable title in the future, without excluding the seizure of the debtor's assets.

Article 821. [ Suspension as a result of a complaint against enforcement actions] § 1. The Tribunal may, upon request, suspend in whole or in part the enforcement proceedings if a complaint has been lodged on the operation of the bailig or the complaint against the order of the court. The suspension of proceedings may be subject to the lodging of a security by the debtor.

§ 2. If the debtor secures the fulfilment of his obligation, the court may waive the executed enforcement activities, except for the seizure.

§ 3. The court may refuse to suspend proceedings or the pending proceedings shall be reinitiated if the creditor protects the damage which may result from the debtor as a result of further proceedings.

Article 821 1 . [ Determination of part of the remuneration free of seizure during the period of suspension] If the execution is addressed to the remuneration for work or other property rights with which the debtor's right to periodic benefits is bound, the court at the request of the debtor may determine the amount that the debtor may charge during the period of suspension procedures to meet current needs. The order of the court determining the amount which the debtor may charge in order to meet the current needs, the creditor serves the purpose of complaint.

Article 822. [ Pause action] The bairer shall refrain from carrying out the action if, prior to the commencement of the debtor, there is no doubt in writing that his duty has been fulfilled or that the creditor has given him a delay. The debtor shall also refrain from carrying out the action if, prior to the commencement of the debtor, the debtor or his/her spouses will raise an objection arising from the marriage contract against the action and shall prove the matrimonial property contract and shall submit a non-marketable contract. doubts in writing that the conclusion of the matrimonial property contract and its type were known to the creditors of the known. If you abstain from doing the task, the baitler will, according to the circumstances, take action that will enable you to carry out the task in the future. It shall immediately notify the creditor of the cessation of operations and the cause of the task. At the command of the creditor, the baitler shall immediately carry out the operation which has ceased.

Article 823. (repealed)

Article 824. [ Discharge from office] § 1. The proceedings shall be decommitted in whole or in part from the office of:

1) if it turns out that the execution does not belong to the judicial authorities;

2) if the creditor or debtor has no judicial capacity, or when the execution on the grounds of its object or on the debtor's person is inadmissible;

3) if it is clear that the execution will not be subject to a sum higher than the enforcement costs;

4. if the creditor within six months did not carry out the action needed to continue the proceedings or demanded that the proceedings be suspended.

§ 1 1 . The time limit referred to in § 1 (4) shall run from the date of the last enforcement action and, in the event of suspension of proceedings, from the date on which the reasons for suspension are determined.

§ 2. The killing of a lack of judicial capacity may take place only if the absence of such a judicial capacity is not removed within the time limit set by the enforcement authority. In the event of removal, provision shall be made for the provision of Article § 818 § 2.

§ 3. Once the decision on the abolition of the separation is legitishable, it is not permissible to initiate enforcement proceedings on the basis of the enforcement order issued in the cases referred to in art. 567 5 , and in order to meet the needs of the family, the maintenance of the surviving spouse of the spouse or the spouse of the spouse in relation to the surviving spouse for the period after the separation of the separation. The enforcement proceedings have been taken out of office in these cases.

Article 825. [ Cancellation on request] The enforcement authority shall decommit the proceedings in whole or in part upon request:

1) if this is demanded by the creditor; however, in cases where enforcement has been initiated ex officio or at the request of the authorized body, the request of the creditor to cancel the proceedings requires the consent of the court or the authorized body, which requested the initiation of enforcement;

(2) if the enforceable title of the enforceable title has been deprived of its enforceability, or the decision on which the enforceability clause was based has been repealed or has ceased to be enforceable;

3) if the execution is directed against a person who, according to the declaration of enforceability, is not a debtor and who objected to the conduct of execution, or if the execution of execution remains for other reasons in obvious contradiction with the content of the title runtime;

4) if the creditor is in possession of a pledge secured full satisfaction of the enforced claim, unless the execution is directed to the subject of the pledge.

5) (repealed)

Article 826. [ Consequences of remission] The write-off of enforcement proceedings shall result in the annulment of the enforcement activities carried out, but shall not deprive the creditor of the possibility of re-execution, unless the execution of the enforcement proceedings is inadmissible for other reasons. The waiver of enforcement proceedings shall not affect the rights of third parties.

Article 827. [ Hearing of the creditor and debtor] § 1. Before suspending or cancelling the proceedings, a creditor and debtor can be heard.

§ 2. At the request of the creditor or debtor, the enforcement authority shall issue a certificate of cancellation of the proceedings.

Article 828. [ Complaint] The decision of the court to suspend or waive the proceedings shall be entitled to a complaint.

CHAPTER V

Limitation of executions

Article 829. [ Exemptions] They shall not be executed:

1) household items, bedlinen, underwear and everyday clothing, necessary for the debtor and dependent on his family members, as well as clothing necessary for the duty to serve or to pursue the profession;

2) the stocks of the food and the fuel necessary for the debtor and being dependent on his family members for a period of one month;

3) one cow or two goats or three sheep needed for the feeding of the debtor and being dependent on his family members together with the supply of feed and litter for the coming harvest;

4) the tools and other objects necessary for the personal earnings work of the debtor and the raw materials necessary for him to produce for a period of one week, excluding however motor vehicles;

5) in the debtor collecting the periodic constant pay-money in the amount which corresponds to the non-execution of the part of the wage for the time to the nearest payment date, and in the debtor of the non-receiving fixed wage-the money necessary for him and his family for maintenance for two weeks;

6) objects necessary for learning, personal papers, devotion and objects serving to perform religious practices and everyday objects, which can be sold only significantly below their value, and for the debtor have significant value utility;

7) (repealed)

8) medicinal products within the meaning of the provisions of the Act of 6 September 2001. -Pharmaceutical law (Dz. U. of 2008 items 271, with late. zm.) necessary for the functioning of the medicinal entity within the meaning of the provisions on medical activity for a period of three months and necessary for its functioning medical devices within the meaning of the provisions of the Act of 20 May 2010. about medical devices (Dz. U. of 2015 items 876 and 1918 and from 2016. items 542, 1228 and 1579);

9) objects necessary because of the disability of the debtor or the members of his family.

Art. 830. [ Delegation] Minister of Justice in agreement with the Minister of Agriculture [ 15] and Finance Minister [ 16] specify the regulation which items belonging to the farmer holding the holding are not subject to enforcement.

Art. 831. [ Exclusion from execution] § 1. They shall not be executed:

(1) sums and benefits in kind, which are intended to cover expenses or trips on official matters;

2) the sums granted by the State Treasury to special purposes (in particular scholarships, support), unless the claim is enforced in connection with the realisation of these objectives or for the maintenance obligation;

(2a) measures coming from programmes financed by the measures referred to in Article 4 (2) (a) of the European Community 5 par. 1 points 2 and 3 of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.), unless the claim is enforced in connection with the implementation of the project to which the funds were intended;

3. non-transferable rights, unless the possibility of their disposal is excluded by the contract, and the subject of the benefit is suitable for execution or the exercise of the right may be entrusted to someone else;

4) (lost power)

5) the benefits of personal insurance and indemnification of property insurance, within the limits set by the regulation by the Ministers of Finance and Justice; this shall not apply to the enforcement of the alimony claims;

6) benefits from social assistance within the meaning of the provisions of the Act of 12 March 2004. of social assistance (Dz. U. of 2016 r. items 930 and 1583);

7) receivables attributable to 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. on health care services financed from public funds (Dz. U. of 2015 items 581, as late. (b) prior to the completion of those benefits, 75% of each payment, unless the claims of the debtor's employees or of the services referred to in Article 4 (1) are concerned. 5 point 41 (b) a i b ustawy z dnia 27 sierpnia 2004 r. on health care services financed from public funds;

8) sums granted to the ruling of the European Court of Human Rights, if the enforcement of the claim is entitled to the State Treasury;

9) an integration provision within the meaning of the Act of 13 June 2003. with social employment (Dz. U. of 2011 r. items 225 and 1211 and of 2015. items 1220 and 1567).

§ 2. In the cases referred to in paragraph 1, points 1 to 2a and 7, the sum and the benefits in kind already paid or issued and, in the case referred to in paragraph 1 (2a), are not subject to the execution of fixed assets and intangible assets. and legal entities resulting from the implementation of the project for which the funds derived from the programmes financed by the measures referred to in Article 4 have been earmarked. 5 par. 1 points 2 and 3 of the Act of 27 August 2009. on public finances, for the duration of its sustainability, as indicated in the project's funding agreement.

§ 3. (repealed)

Article 832. [ Funeral Expenses] Claims paid in connection with the death of a forgettable or a one-time supply of any name or insurance to cover the costs of a funeral shall be subject to enforcement only for the satisfaction of such costs.

Article 833. [ Enforcement of wages, pensions] § 1. The remuneration of the employment relationship is subject to execution within the scope specified in the provisions of the Labour Code.

§ 1 1 Article 1 shall apply mutatis mutandis to unemployment benefits, activation allowances, scholarships and training allowances paid on the basis of the employment promotion and labour market institutions.

§ 2. Article 1 shall apply mutatis mutandis to the emoluments of Members and senators, the entitlements of members of agricultural production cooperatives and their household members as members of the cooperative, the remuneration of members of cooperative labour and of all the benefits recurring, whose aim is to ensure the maintenance.

§ 3. The restrictions provided for in paragraph 2 shall not apply to the claims of the members of the agricultural production cooperatives in respect of the participation in the revenues of the cooperatives in respect of their contribution to the cooperative's contributions.

§ 4. The cash benefits provided for in the provisions on the retirement provision are subject to enforcement within the limits specified in those provisions.

§ 5. For the purposes of Article 2 (1) of the General Court, the Court of First instance shall, in accordance with the provisions laid down in Article 2 (2) of the European Community, provide for the application of the conditions laid down in Article 2 (1) (a) of Regulation (1) (d) of the European Community and of the the enforcement of social security benefits in the event of sickness and maternity shall be subject to enforcement provisions from the benefits provided for in the provisions on the pension provision of workers and their families.

§ 6. No maintenance benefit is executed, cash benefits paid in the event of ineffectiveness of maintenance of alimony, family benefits, family allowances, nursing, childbirth, orphans complete, allowances for guardians, benefits social assistance, integration benefits and the provision of parental care.

§ 7. They shall not be subject to the enforcement of the benefit, allowances and other amounts referred to in Article 4. 31 par. 1, art. 80 par. 1 and 1a, art. 81, art. 83 (1) 1 and 4, art. 84 points 2 and 3 and art. 140 par. 1 point 1 of the Act of 9 June 2011. to support a family and foster care system, and financial resources for the maintenance of a residential premises in a multi-family building or a single-family house, referred to in art. 83 (1) 2 and Art. 84 point 1 of the Act of 9 June 2011. in support of the foster family and system of foster care, in the part entitled to the foster family or family home of the child's children and persons who have reached the age of age in the foster care of the child.

Art. 834. [ Calculation of revenue] The income listed in the preceding article shall be calculated with all the allowances and the value of the benefits in kind, but after deduction of taxes and charges due under the Act.

Article 835. [ Sum of revenue] If the debtor receives income from several sources, the calculation basis shall be the sum of all revenue.

Article 836. [ Execution of inheritance] Until such time as the inheritance is accepted, only the inheritance is allowed to satisfy the deceased's debt. Prior to the adoption of the inheritance there can be no execution of it for the satisfaction of the personal debt of the heir.

Art. 837. [ Limitation of liability] The debtor may rely on a limitation of liability only if the restriction is reserved in the implementing title. A reservation is not necessary if the benefit is received from the purchaser of the property, from the liquidator established by the court, the probation officer or the executor of the testament from the assets entrusted to them or from the State Treasury as the heir.

Article 838. [ Executions procedure] Where, in the event of judicial execution and administrative enforcement, judicial enforcement is carried out by both executions, the provisions of the Code on the limitation of executions shall also apply to amounts receivable subject to administrative enforcement, unless the that the enforcement restrictions laid down in the law on administrative enforcement are smaller.

Article 839. [ Postarenees] § 1. The order of the court on the restriction of enforcement should be made after hearing the parties.

§ 2. The order of the court shall be entitled to a complaint.

CHAPTER VI

Counter-enforcement actions

Article 840. [ Appointment of a Deprivation of the Executive Title] § 1. The debtor may, by action, require the enforceability of the enforceability of the enforceability in whole or in part, or of a restriction, if:

(1) whether the events on which the issue of a declaration of enforceability is based are based, and in particular where it disputes the existence of an obligation observed as an enforceable title, which is not a decision of the court or when it disputes the passage of an obligation in spite of formal existence a document stating that passage;

(2) after the execution of the enforceable title, there has been an event by which the obligation has expired or cannot be enforced; where the title is a judicial decision, the debtor may also base the action on the events following the closure of the hearing, and also on the claim that the benefit was met, if the claim in respect of which the claim was made by law was not admissible;

3) the spouse against whom the court has granted a declaration of enforceability on the basis of art. 787, it shows that the claim for the benefit of the creditor should not be granted, with the spouses being entitled not only to his or her own right, but also to the allegations which his spouse could not have previously raised.

§ 2. If the basis of enforcement is the title from the administrative body, to the conclusion that the obligation has expired or cannot be enforced, the body from which the title originates is established.

Article 840 1 . [ Exclusion or limitation of liability] If the debtor or his spouse against whom the court has granted a declaration of enforceability on the basis of the Article 787 or Art. 787 1 , claims by virtue of the matrimonial property contract, the plea of exclusion or limitation of liability of all or part of the property, a provision of art. 840 § 1 and § 2 shall apply mutatis mutandis.

Article 840 2 . [ Protection of debtors ' rights] Where enforcement is carried out on the basis of a enforcement title or other document which is not a enforceability clause, the provisions of Article 4 shall apply mutatis mutandis to the protection of the rights of the debtor. 840 and art. 843.

Article 840 3 . (repealed)

Article 841. [ Powers for release from execution] § 1. A third party may, by way of action, require the seized object to be released from execution if the enforcement of the subject is in breach of its rights.

§ 2. If the debtor denies the law of the claimant, the debtor shall also be sued in addition to the creditor.

§ 3. The action may be brought within one month from the date of the notification of the breach of the law, unless another time limit is provided for in the separate provisions.

Article 842. [ The application for exemption from administrative enforcement] § 1. An action for the exemption of an object from administrative enforcement is also admissible. The application shall be accompanied by an order by the administrative enforcement authority refusing to request the exclusion of the object from the execution of the object. Irrespective of the outcome of the case, the court will charge the costs of the trial to a third party, appointing in the action to release the subject from administrative enforcement new evidence relevant to the resolution of the case which it has not submitted in the proceedings administrative, although it may have invoked them in this proceeding.

§ 2. The action may be brought within the days of fourteen from the service of the administrative order of the enforcement authority, and if the person concerned has lodged a complaint against that order, within the days of fourteen of the service of the order issued as a result of the order complaints.

Art. 843. [ Court Property] § 1. The action provided for in this chapter shall be brought before a court in rem of the jurisdiction in which enforcement is carried out. The place of enforcement shall be determined on the basis of the provisions of this Code governing the property of the local enforcement authority, also when a baiting chamber is chosen outside of the general property to carry out the execution.

§ 2. If the execution has not yet been initiated, the enforcement of the enforceability title shall be issued in accordance with the provisions of general jurisdiction.

§ 3. In a lawsuit the plaintiv should cite all the allegations which he may have made at that time, under the rigorous loss of the right to use them in further proceedings.

§ 4. (repealed)

TITLE II

Execution of cash benefits

SECTION I

Execution of movable property

Chapter 1

Occupation

Art. 844. [ Property of local comorator] § 1. Execution of movable property belongs to the bailiff of this court, in whose district the movable property is located, unless the creditor chooses another bailiff.

§ 2. The chamber, which has initiated execution from certain movable property of the debtor, shall be competent to carry out the execution of the other movable property of the debtor, even if they were in the district of another court.

§ 3. The bailiff chosen by the creditor and the bailiff referred to in § 2, after taking the course of the movable property, shall notify about the seizure of the bailiff acting in the district court, in whose district the movable property is located, at the moment of the seizure, by sending a copy of the The protocol for the seizure

Article 844 1 . [ Enforcement of animals] The rules on the enforcement of movable property shall apply mutatis mutandis to the enforcement of animals, where this is not contrary to the provisions on animal protection.

Art. 845. [ Execution of movable property] § 1. The comorator shall proceed with the execution of the movable property by seizure.

§ 2. The movable property of the debtor, whether in his or her own possession or in the control of the creditor himself, may be understood by the execution of the debtor. A debtor's movable property in the possession of a third party may be occupied only if that person agrees to their seizure or admits that they are the property of the debtor, and in the cases indicated in the Act. However, in the event of the confluence of judicial and administrative enforcement, the seizure of movable property shall be permitted under the rules laid down in the administrative enforcement rules.

§ 2a. In the case of enforcement of maintenance benefits, the bailiper may also take care of the movable property that is in the possession of the person living together with the debtor without the consent of the person, unless it provides proof that the movable property is owned by it.

§ 3. Do not occupying more movable property above the ones that are needed to satisfy receivables and enforcement costs.

Art. 846. [ Execution from fractional part] § 1. Execution from a fractional part of a movable property which is a joint property of several persons shall be carried out in the manner prescribed for execution of movable property, provided that the sale is subject only to the share of the debtor.

§ 2. Other co-owners shall be entitled to a total of the right of request for the whole thing to be sold.

Article 847. [ seizure protocol] § 1. The comorator shall take a class by entering into the minutes of the seizure. A copy of the seizure protocol should be served on the debtor and the co-owners of the occupied movable property who are not debtors.

§ 2. 342) The debtor, under the rigour of liability for damage, at seizure, and if absent-immediately after receiving the write-off of the seizure of the seizure, shall indicate to the chamber of the movable property contained in his/her possession, to which third parties shall have the right to requests for exemption from executions, stating the addresses of such persons, and shall notify the baitman of previous classes of the same thing made by the enforcement authorities, stating the dates of these classes and the amount of receivables for which those activities have been made. The bailinist shall notify the person designated by the debtor about the seizing of movable property.

Article 848. [ Effect of seizure] The seizure has the effect that the regulation of the movable property after occupation does not affect the further course of the proceedings, and the enforcement proceedings from the seized movable property may also be carried out against the purchaser. This provision is without prejudice to the provisions on protection of the purchaser in good faith.

Article 849. [ Breakdown in execution] If the bailinic interrupts the seizure, it shall take appropriate steps to prevent the removal of movable property not yet occupied.

Art. 850. [ Presence of the creditor] The creditor may demand that the seizure take place in his presence. In this case, the baitler shall notify him of the time limit within which the claim is to be made. If the creditor does not stand within the prescribed period, the bailiff will make a class in his absence. If the bainiff without a creditor's notification has taken his/her absence, the creditor may request that the class be checked.

Article 851. [ Satisfaction of another claim] If the occupied movable property is to be used to satisfy another claim, the bailiper shall take a new class by marking it in the first class of the claim. The creditor may require that the bailiff shall check the movable property seized on the basis of the protocol; this check shall be established by the bailiff in that protocol.

Article 852. [ Deposit] § 1. From the busy money the baitler will satisfy the creditors, and if they are not enough to satisfy all the creditors, he will submit them to the deposit account of the Minister of Finance in order to divide.

§ 2. The deposit on the deposit account of the Minister of Finance will also occur when the allegation is made that a third party is entitled to a seized money right constituting an obstacle to the issuance of their creditor. The court decides to issue money to the creditor if, within one month of filing them on the deposit account of the Minister of Finance, there is no complex decision of the competent court exempting from seizure or withholding the issue of money.

§ 3. The order of the court for the issue of money is entitled to grievance. The order shall become enforceable only after the moment of the legitiation of the person.

Article 853. [ Estimation of movable property] § 1. If the special provision does not provide otherwise, the bailiger shall mean the value of the movable property occupied and shall be placed in the minutes of the seizure.

§ 2. If the bailiff considers that an expert must be summed up for estimation, or if the creditor or debtor raise allegations in the complaint, the estimates shall be carried out at the same time and, if that is not possible, at a later date, until the date of the decision. up to the day of betting. The complaint against the bailiers ' estimate is applied to the bailiers at the busy estate, and if that were not possible, until the day of the auction.

Article 854. [ Disclosure of seizure] In each busy movable property, the bailiper will place a sign revealing to the outside of it, and if it is not possible, it will reveal it in a different way.

Art. 855. [ Other Dispute] § 1. The busy estate of the bailits will leave the person in charge of the person who has occupied it. However, for important reasons the bailiff may, in any state of the proceedings, render the occupied movable property under the supervision of another person, without excluding the creditor, even though it was connected with the necessity of their transfer. These persons shall be responsible for the duties of the caretaker. The bailey is served by a protocol of class.

§ 2. If the properties of the movable property are to be used for this, the bailiers shall deposit them with a court deposit or give them the right to hold the competent institution.

§ 3. The Minister of Justice shall determine by regulation, by regulation, the competent institutions and the detailed manner in which movable property may be lodged, or that the competent institutions are to be deposited with the competent institutions, having regard to the properties of such movable property, rights of the parties, the efficiency of the proceedings and the effectiveness of enforcement.

Article 856. [ Care of diligence] § 1. The caretaker or debtor who is entrusted with the supervision shall be obliged to store them under the supervision of the movable property with such diligence, so that they do not lose value, and give them upon the call of the bailicle or according to the court decision or on a concise call of both pages. If the caretaker or debtor responsible for the release of the movable property does not give them away, the bailichs shall receive it.

§ 2. The customer is obliged to notify the bailicle of the intended change of the place of transfer of movable property.

Article 857. [ Responsibility of the caretaker] § 1. The custodian shall not be liable for any deterioration, damage, destruction or loss of the claimed movable property, if he has retained the diligence to which he was required under the preceding article.

§ 2. The debtor shall not be entitled to a claim to the creditor because of the damage or loss of the transferred movable property when transporting, transporting or storing the property in the caretaker.

Article 858. [ Reimbursement of expenses and salaries] § 1. The caretaker may request reimbursement of expenses related to storage and remuneration for the dispositions of the trudes, respectively. This does not apply to the debtor, to the members of his family together with the debtor, and to the third party to whom the benefit was taken.

§ 2. The sum of the expenditure and the amount of the remuneration shall be determined by the bailiers and shall be notified to the parties and the caretaker.

Article 859. [ Complaint] The order of the court to reimburse the expenses and the remuneration of the caretaker shall be entitled to a complaint.

Art. 860. [ Change of caretaker] The bailile may, for important reasons, relieve the caretaker and establish another. The change of the caretaker of the baiting chamber after hearing the parties, unless an immediate change is necessary.

Article 861. [ Using things] If the transferred movable property is left in a room belonging to the debtor and the caretaker is entrusted to himself or a member of his family, together with the debtor, they shall have the right to use the goods in the ordinary course of the property, and shall not lose the value. The third party, under whose supervision the debtor has left the debtor's movable property, may also use them if he is entitled to do so.

Article 862. [ Income from things] § 1. If the person who is not entitled to use it brings income under supervision, the caretaker shall be obliged to pay the income account to the bainitor after the supervision has been established. A clean income after deduction of expenses will be deposited into the deposit account of the Minister of Finance.

§ 2. The income thus obtained is primarily the remuneration of the caretaker, and the rest shall be attached to the sum obtained from the execution and, in the case of the execution of the enforcement, shall be paid to the debtor.

Article 863. [ Delegation] The Minister of Justice may, by regulation, order the holding of separate premises for the storage and surveillance of movable property, with a view to the smooth conduct of enforcement and the proper security of the movable property occupied.

Chapter 2

Sales

Art. 864. [ Term] § 1. The sale of occupied movable property shall not take place earlier than two weeks after the date on which the seizure has been entitled to the activity.

§ 2. The sale of occupied movable property may take place immediately after the seizing, if:

(1) movable property shall be easily spoiled, or the supervision or storage of supervision over them would result in excessive costs;

2) occupied the livestock, and the debtor refused to allow it to be admitted under the supervision.

Article 864 1 . [ Conditions for permitted sale from the free hand of movable property not listed in Art. 864 § 2] The bailinic may sell from the free hand movable property not listed in the art. 864 § 2, if the debtor has agreed to this and specified the minimum price of disposal. The sale shall not take place earlier than two weeks after the date of the assessment, if none of the enforcement creditors objected to it within one week of the date of notification by the baitman of its intention to carry it out.

Art. 865. [ Rules for the sale of occupied movable property] § 1. Occupied non-used movable property, which is the subject of trade turnover, the bailiff at the request of the party may sell to the trader the marketing of such movable property at wholesale prices, and when such prices are not documented, at a price of 25% lower than the estimated movable property.

§ 2. (repealed)

§ 3. (repealed)

Art. 866. (repealed)

Article 866 1 . [ Sales of occupied movable property] Occupied movable assets the sale of which requires authorisation shall be sold by the bailider through an undertaking that has such a licence or will sell it to that undertaking. For the valuation of movable property the provision of art. 865 shall apply mutatis mutandis.

Article 866 2 . [ Estimate] § 1. For the estimation of occupied objects of historical value or artistic value, the baitman calls on the expert. These items may be sold by means of a company dealing with their turnover or by a public museum, library, archive or centre of research and documentation. Article Recipe 864 1 shall apply mutatis mutandis.

§ 2. The comorator appoints the expert to estimate the products of gold and platinum. Articles of gold and platinum, with the exception of articles of use, and articles of gold or platinum unfit for use, shall be sold by the bailiers to the jewelry company or to another one dealing with the rotary or reprocessing of precious metals. Article Recipe 865 shall apply mutatis mutandis.

§ 3. The foreign currency used to sell the comorator is sold to the bank. The bairer shall designate the debtor for a weekly period to indicate the bank. After the ineffective expiry of the prescribed deadline, the baitler calls on the creditor to indicate the bank within a weekly period. If the debtor or the creditor does not point to the bank, the bank's indication belongs to the bailebout. The bank indicated by the creditor or bailey shall not be the creditor.

§ 4. The provision of paragraph 3 shall not apply if the instrument permitting a cash benefit to be met exclusively in the foreign currency which has been claimed shall not apply.

Article 867. [ Public Bidding] § 1. Occupied movable property, not sold according to the preceding provisions, the bailinic sells by public auction.

§ 1 1 . The auction notice is published publicly in the building of the district court competent for the auction site and on the website of the National Chamber of the Comoration Board. If the value of movable property covered by a single auction notice has been estimated to amount to more than five thousand zlotys, the comorator may include a notice of bidding also in the journal of a given locality. The notice of auction shall be served on the parties and caretakers of the movable property.

§ 1 2 . In the notice of auction the bailix determines the time, place, object and conditions of auction, the sum of the estimate and the price of the call and the place and the time in which you can view the movable property. In addition, the notice of auction shall mention that the rights of third parties shall not be an obstacle to the holding of a bid and a bid for the purchaser without reservation, if those persons do not submit proof before the invitation to tender that they have lodged an application for the an action for the release of movable property from execution and has received a decision on the holding of execution in this respect.

§ 1 3 . If a significant number of movable assets are issued in the auction, the notice of auction shall be sufficient to indicate the type, number and total sum of the estimate, and indicate the nature, the sum of the estimates and the price of the call for items of more than one values.

§ 1 4 In case of opportunity, one notice on movable auctions shall be published, even if they belong to different debtors and there are various auctions. The cost of the announcement shall be broken down between the various cases in proportion to the sum of the movable property.

§ 2. The price of the call in the first term of the public auction shall be three quarters of the estimated value. If the auction in the first time does not come to an effect, the occupied movable property may be sold in the second bidding period. The call price in the second bidding term is half of the estimated value. Auction sales may not be made at a price lower than the call price.

§ 3. The notice of auctioning shall be served by the debtor at the latest three days before the start of the auction. In the cases referred to in Article 864 § 2 notice shall be delivered to the debtor prior to the start of the bidding process.

§ 4. Occupied movable property not listed in Article 865 or unsold in accordance with the terms of that provision, the bailiff shall, at the request of the creditor, refer to the sale to the commission before the sale by public auction.

§ 5. For the sale of the commission of the movable property, the sales price shall be determined at the level of the estimated value. If the movable property is not sold within a month, the commissioner may reduce the sales price by 25%. From the sales price obtained, the commission's commission commission will be in line with the sales price.

Article 867 1 . [ Manoymia] § 1. An invitation to tender shall be obliged to lodge a guarantee of one tenth of the total estimate, at the latest on the day preceding the invitation to tender. The warranty does not consist, if the sum of the estimate is lower than five thousand zlotys.

§ 2. The admittance of the bid to which the conquers have been granted shall be stopped; the other biders shall be returned immediately.

§ 3. If the buyer has not completed the bidding conditions at the time of payment of the price, the purchaser loses his warranty and the effects of the conquiture are terminated. The lost warranty covers the costs of execution related to the sale, and the rest is part of the sum obtained in execution or if the execution has been decommitted to the income of the State Treasury.

§ 4. The guarantee shall not be submitted by the creditor to a tender subject to a claim of a value which is not lower than the amount of the voucher, and if, to that extent, his claim and the rights enjoyed by the primacy before that claim are found to be the cover price of the call. If the value of the claim is lower than the amount of the vouch-up or finds only a partial cover in the price of the call, the amount of the warranty shall be lowered-in the first case to the difference between the full guarantee and the value of the claim, in the second case- to the part of the value of the claim not covered by the call price.

Article 867 2 . [ Explicit mileage and bidders] § 1. The auction takes place in public.

§ 2. The tender may not participate: the debtor, the bailider, their spouses, children, parents and siblings, the persons present on the auction in an official capacity, and a bidder who did not execute the conditions of the previous auction.

§ 3. One bid is sufficient for the tender to take place.

§ 4. The power of attorney to participate in the tender shall be established by a document with the signature officially certified, unless it is a power of attorney granted to a lawyer or legal adviser.

Article 867 3 . [ Price Binding] A paid price ceases to be tied when another bidder has donated a higher price.

Article 868. [ Delegation] The Minister of Justice will determine, by regulation, the way in which the auctions are carried out, with a view to the protection of the rights of persons participating in the auctions, the efficiency of the proceedings and the effectiveness of enforcement.

Art. 869. [ Coats] § 1. The Comorator will give the highest price to the person offering the highest price, if after three calls for further action, no one has offered any more.

§ 2. Upon arrival, the sale of movable property to the purchaser shall take place. Since then, it has been borrowed from movable property.

Art. 870. [ The appeals of the beaten] § 1. The creditor or debtor may challenge the award in the event of a breach of the public auction nature provisions with the lowest purchase price and an exemption from participation in the invitation to tender. The complaint should be notified to the auction protocol. There is no complaint about the arrival of a movable property succumbing to a rapid spoil.

§ 2. The order of the court shall be entitled to a complaint.

§ 3. If, within two weeks, the complaint is not settled, the purchaser may, within a further week, renounce the purchase of movable property and collect the amount paid.

§ 4. When the buyer uses the entitlement provided for in the preceding paragraph, or when the court refuses to conquer, the bidding will be deemed to have been ineffective.

Art. 871. [ Obligation to pay the price] The purchaser is obliged to pay the purchase price immediately after giving him the beatings. However, when the purchase price exceeds five hundred zlotys, the obligation of the purchaser is limited to placing immediately one fifth of the price, but not less than five hundred zlotys, with the rest of the price, which includes the complex guarantee, shall be paid on the day next during the office of the bailiff office or on the bank account of the bailiff until the eighteenth day of the next day. If this day falls on a Saturday or a public holiday, the price shall be paid on the following day after the day or days free of work.

Article 872. [ Consequences of late payment of the price] § 1. The purchaser who, within the prescribed period, will not pay the price in whole or in part shall lose the rights resulting from the beingle.

(2) If the purchaser fails to pay the sum of the payment immediately in the event of the award, the comorator shall immediately resume the tender of the same movable property, starting with the price of the call, and the purchaser cannot continue to do so at the time of the award. participate in the auctions. In case of non-payment at the time of the rest of the price paid on the next day after the auction, will be appointed a rebidding on the terms of the first.

§ 3. From a purchaser exempted from the obligation to pay a hand which has not fulfilled the obligation to pay the price or part of it within the prescribed period, the bailiper shall download the sum corresponding to one tenth of the sum of the estimate. The amount collected by the bailiers shall be the amount paid by the purchaser.

§ 4. The costs associated with the auction shall be covered by the amount collected from the purchaser. The surplus is to be paid into the cash register for the Treasury.

Art. 873. [ Complaint] On the charge of recovery from the purchaser, according to the article preceding the court's ruling. The order of the court shall be entitled to a complaint.

Article 874. [ Refund] The buyer, after having the right to plumber and to pay the entire price, becomes the owner of the acquired movable property. When the court refuses to lend, the paid purchase price is refundable.

Article 875. [ Rebidding, Acquisition to Property] § 1. If the auction has not come to fruition, the creditor may, within two weeks of receiving notification to the bailiff, request the appointment of a second auction or take over the property of the movable property put up for sale, or some of them at a price which is not lower than call prices.

§ 2. If the execution leads to several creditors, the taking over of the movable property shall be given priority to those who have offered the highest price, at an equal price, to the one on whose request the claim was made.

§ 3. The statement of acquisition will be taken into account only if the claimant at the same time requests the entire price. The property of the movable property shall be transferred to the creditor as soon as it has been notified of the transfer of the property.

§ 4. In the event of non-notification within the prescribed period of the request for the appointment of a second auction or a declaration of taking ownership of movable property, the bailiers will wash the proceedings as to unsold movable property. If some of the creditors of several creditors demand a bid, and others take ownership of the movable property, the second auction will be appointed.

Article 876. [ Credit of receivables] If the buyer is the sole enforcing creditor, or if the purchase price is sufficient to satisfy all the enforcement creditors and the cost of execution, the buyer may include his/her enforced claim on the purchase price.

Article 877. [ The right to take over movable property] If the second bid is unsuccessful, the creditor shall have the right to take ownership of the movable property at a price not lower than the price of the call within two weeks of receipt of the notification to the bailiers. In this case, provision shall be made for the provision of Article 1 875 § 2. If the creditor has not exercised the right to take ownership of movable property, the bailiff will wash the proceedings as to the unsold or non-assumed property.

Art. 878. [ Refusal to Issue Items] If the debtor or the caretaker refuses to issue the items to the buyer, the bairer at the request of the buyer will act as at the execution of the non-monetary claims.

Art. 879. [ Receipt of things] Who acquires a thing under the provisions of this chapter, becomes the owner of it without any charges and should immediately pick it up. Purchasers shall not be entitled to claim for defects in respect of the defects of the goods; against the purchaser, the charges may not be raised as to the validity of the acquisition.

SECTION II

Execution of remuneration for work

Art. 880. [ Property] The execution of the remuneration for work belongs to the baikhouse in the district court of the general property of the debtor.

Article 881. [ Occupation of remuneration] § 1. For the execution of the remuneration for the work of the baitman, he accedes by his occupation.

§ 2. The chamber shall notify the debtor that, up to the amount of the benefit to be provided and until full coverage of the debt, he shall not receive any remuneration outside the class or dispose of it in any other way. This applies, in particular, to the periodic remuneration for work and remuneration for the work carried out and the rewards and bonuses of the debtor for the period of his employment, as well as relating to the ratio of the work of profit or of participation in the fund. or any other funds that are in connection with the relationship of work.

§ 3. The bailiff calls upon the employer that, within the limits set out in the second paragraph, he does not pay to the debtor other than the part-free part of any remuneration, but:

1) he/she transferred the claimed remuneration directly to the creditor enforcer, notifying the bailiers of the first payment, or

(2) he/she has transferred the claimed remuneration to the bailits in the event that the remuneration is or will continue to be executed by another execution, and that the remuneration in the required part is not sufficient to cover all the enforced benefits required.

The Comornik is also instructing the employer about the consequences of not applying to the summons.

§ 4. According to the circumstances, the bailinic may call upon the employer to transfer his/her claimed remuneration directly.

Article 882. [ Class Mode] § 1. In the course of a week's work, the bailitist also calls for the employer to:

1) he has submitted for the period of three months preceding the seizure, for each month separately, a summary of the periodic remuneration of the debtor for the work and separately his income from any other titles;

2) state, in what amount and in what terms, the remuneration will be transferred to the creditor;

(3) in the event of obstacles to the payment of the remuneration for the work, made a declaration of the nature of those obstacles and, in particular, whether or not the other persons claim the right to exercise their rights, whether and in which court the case for the remuneration claimed and whether or not the claim has been directed to the claimed remuneration of execution by other creditors.

§ 2. The employer shall be obliged to notify the bairer without delay and to the creditor of any change of the circumstances listed in § 1.

Article 882 1 . [ The procedure of judicial and administrative executions] In the event of a confluence of judicial and administrative enforcement, where the remuneration is not sufficient to cover all the claims enforced, the employer shall make a payment to the judicial or administrative enforcement authority which is the first he/she has carried out the classes and, if that priority is not possible, to the authority which has carried out the claim in a higher amount and shall immediately inform the competent enforcement authorities of the confluence of the execution, indicating the date of service notification of the classes of authorities and claims made by those authorities and the amount of the claim, on the the classes have been made, which the bailider instructs the employer to do so.

Article 883. [ Occupation] § 1. The seizure shall be effected on service of the call to the debtor of the claimed claim.

§ 2. However, the debtor may demand redemption of the execution as to the benefits required in the future, if he pays all the benefits required and submits to the deposit account of the Minister of Finance the sum of the sum equal to the sum of the periodic benefits for six months, with the simultaneous strengthening of the baikroom to take this sum. The debtor will benefit from this strengthening when he finds that the debtor has fallen into arrears with the payment of the required benefits; at the same time, he shall initiate the office of enforcement.

Article 884. [ Continuity of class] § 1. The occupation is still valid, even if a new employment or order relationship has been established with the debtor, or even if the job has been transferred to another person if the person concerned knew about the job.

§ 2. In case of termination of the employment relationship with the debtor, the current employer makes reference to the payment of the claim in the debtor's work certificate to the debtor, and if the new employer of the debtor is known to him, he/she shall send the employer a notification to the debtor and the employer. documents relating to the seizure of remuneration and shall inform the bailiers and the debtor against whom enforcement proceedings are being carried out. The mention in the work certificate should include the indication of the bailiers who claimed the charge, and the number of the enforcement case, as well as indicate the amount of the amounts withheld. The message of the debtor's notification shall have the effect of seizing the debtor's receivables from the new employer from the time of the notification to the employer.

§ 3. The new employer, to whom the employee will present a certificate of work with reference to the claim of the claim, shall notify the employer of the employee who issued the certificate and indicated in the application of the comorator. If the new employer, to whom the employee has not shown the certificate of work, finds out where the employee was previously employed, he/she shall inform the previous employer of his employment, unless the employee presents a certificate of that employment employers stating that his receivables have not been claimed.

§ 4. The obligation to notify the comorator of the change of employer shall also be charged to the debtor. The obligation to do so and the consequences of his negligence should be instructed to inform him of the payment of remuneration for his work.

Article 885. [ Effects of seizure] The seizure has the effect that, in relation to the enforcing creditor, there are no rules for remuneration exceeding the free part of the seizure, made after the seizure, and also before the occupation, if the requirement for remuneration is due after occupation.

Article 886. [ Grzywna] § 1. Employers who have not performed the obligations laid down in the Article. 881 § 3 and 4, he did not make the statement provided for in the Article within the prescribed time limit. 882 or neglected to send the documents to the new employer of the debtor, in accordance with art. 884 § 2 and 3, the bailiper of the covenant of the fine in the amount of up to two thousand zlotys. A fine may be repeated if the employer is still abrogated from the performance of those activities in addition to the prescribed time limit.

§ 2. If the employer is not a natural person, the fine shall be subject to the employee or partner responsible for carrying out such a task, and in the event of failure to appoint such an employee or impossibility of his arrangement-the persons entitled to represent employers. If the employer is a civil company, the fine is subject to any of the members of the company.

§ 3. An employer who did not comply with the call of art. 881 and 882 or otherwise has breached the obligations arising from the seizure or made the declaration provided for in art. 882, which is not true or has made a payment of the debtor's remuneration, is responsible for the damage caused by the creditor.

§ 4. The fine referred to in § 1 of the chamber shall also be measured by the debtor who did not inform him of the change of employer.

Art. 887. [ Creditor authority] § 1. By virtue of the seizure itself, the creditor can exercise any rights and claims of the debtor. At the request of the creditor, the baitler shall issue him the appropriate certificate.

§ 2. The creditor bringing an action against the employer should attach to the debtor against whom enforcement proceedings are being carried out. The defendant shall be obliged to state to the court of all the other creditors for whom the claim is also claimed. The Court shall notify those creditors in accordance with Article 4. 195. The judgment handed down in the case is effective against other creditors. However, in relation to the creditor of which the court has not been notified, the employer shall not plead guilty to a judgment which has been taken in his favour.

Art. 888. [ Receipt of documents] § 1. At the request of the creditor, the bailiff shall receive the documents constituting proof of the claim and submit them to the debtor for a court deposit.

§ 2. If the creditor requests that the receipt be held in his/her presence, the baitler shall notify him of the due date of the action. In the event of failure to do so, the creditor shall not act.

§ 3. The debtor shall be liable under the rigorous of liability for the damage to the creditor of all the explanations needed for the investigation of the rights against the debtor of the claimed claim.

SECTION III

Execution from bank accounts

Art. 889. [ Comorator's actions] § 1. In order to execute the execution of the receivables from the bank account the comorator of the general property of the debtor:

1) send to the bank in which the debtor has an account, the notice of seizure of the money claim of the debtor from the bank account up to the amount of the subject of enforcement with the enforcement costs and calls on the bank to not he/she has made a payment from the account without the baiting's consent to the amount of the claimed claim, but has transferred the amount of the claim without delay to cover the claim or has notified the baitman within seven days of the obstacle to the transfer of the claimed amount; the notice shall also be effective in the absence of a bank account;

2) notify the debtor about the seizing of his receivables from the bank account, serving him a copy of the notice addressed to the bank, the prohibition of withdrawals from the bank account.

§ 2. At the same time, the baitler sends a copy of the notification sent to the bank to the creditor.

§ 3. If the claim from the bank account has been occupied in two or more enforcement proceedings and the amount on the account is not sufficient to satisfy all the creditors, the bank shall refrain from paying the claimed amounts by notifying the bank of the amount of the claim. of those comorators who are executed. The bank shall pay the claim, after all the cases have been transferred in accordance with Article 4 (1). 773 1 , the commander who leads the further execution.

Article 889 1 . [ Seizure of a bank account held in foreign currency] § 1. If a bank account held in a foreign currency is occupied, the bank shall transfer to the chamber a foreign currency calculated by the exchange rate of the foreign currency in which the account is conducted, as announced by the National Bank of Poland on the date of the transfer claims to the bainitor.

§ 2. The provision of § 1 shall not apply if the enforceable title includes a cash benefit which is eligible only in the foreign currency in which the bank account is carried out.

Article 890. [ Claim of receivables] § 1. The seizure of a claim from the debtor's bank account shall be effected when the bank has been notified of the prohibition of disbursements from that account and also includes the amounts which were not in the bank account at the time of its seizure, and were paid into the bank account. the post-seizure account.

§ 1 1 . Claims from the bank account do not include the amounts resulting from benefits, allowances and allowances referred to in Article 3. 833 § 6, and benefits, allowances and other amounts referred to in art. 31 par. 1, art. 80 par. 1 and 1a, art. 81, art. 83 (1) 1 and 4, art. 84 points 2 and 3 and art. 140 par. 1 point 1 of the Act of 9 June 2011. to support a family and foster care system, and financial resources for the maintenance of a residential premises in a multi-family building or a single-family house, referred to in art. 83 (1) 2 and Art. 84 point 1 of the Act of 9 June 2011. in support of the foster family and system of foster care, in the part of the foster family or the family home of the child's children and persons who have reached the age of age, staying in foster care.

§ 2. The prohibition on claims from a bank account prohibiting payments from that account does not apply to current payments to remuneration for the work together with taxes and other statutory lorries and to the curated maintenance of the pension and the pension of the person concerned maintenance covered by the title of compensation-up to the amount of the average remuneration of the previous quarter announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski" on the basis of art. 20 point 2 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887). Payment of the remuneration for the work shall be made after the payment of the payroll or other credible evidence has been lodged with the bailicle, and the payment to the maintenance of the maintenance of the debtor or the maintenance annuity is the enforcentary title of the debtor or annuities.

§ 2 1 The Bank shall make the withdrawals referred to in § 2 on the basis of the authorisation of the bainitor. Payments to alimony and maintenance payments shall be made at the hands of the entitlement to those benefits.

§ 3. (repealed)

Article 890 1 . [ Privileges permissions] If the claim includes a claim arising from a bank account that has already been seized on the basis of the freezing order laid down in the security procedure, the powers required to make payments from the bank account shall cease to apply. the date on which the seizure is carried out.

Art. 891. [ Executions procedure] In the event of judicial and administrative enforcement, where the amounts in the bank account are not sufficient to cover all the claims to be recovered, the bank shall withdraw from that account in favour of judicial or administrative proceedings. the enforcement authority which first carried out the seizure and, if that priority is not possible, in favour of the body which has claimed the claim in a higher amount, and shall immediately notify the execution of the execution of the competent authorities. enforcement, indicating the date of notification of the notices of classes made by those the authorities and the amount of receivables for which the classes have been taken, which the baitman instructs the bank to do so.

Article 891 1 . [ Seizure of the common account] § 1. On the basis of the executive title issued against the debtor, a claim may be taken from the joint account held for the debtor and the third parties. Further enforcement actions will be carried out to the extent of the debtor's participation in the joint account according to the contents of the bank account agreement, which the debtor is obliged to submit within a week of the date of the seizure. The provisions on the valuation of assets shall apply mutatis mutandis. If the contract does not specify a share in the joint account or if the debtor does not submit a contract, the shares shall be presumed to be equal. After the debtor's participation has been determined, the remaining shares from the execution shall be released.

§ 2. In the event of a joint account for the members of the civil partnership, the baitler shall notify the other partners.

Article 891 2 . [ Enforcement from the account of the joint debtor and his spouse] § 1. On the basis of the enforcing title issued against the debtor, the debtor and his spouse may be executed from the account of the joint debtor.

§ 2. The provision of § 1 does not preclude the defence of the debtor's spouse by means of an action for exemption from enforcement if funds which do not enter into the personal property of the debtor are collected in the common account of the spouses, or the non-originating assets from the debtor's collected remuneration for the work, income obtained by the debtor from other gainful activities, as well as from the benefits obtained from his copyrights and related rights, industrial property rights and other rights of the creator.

Art. 892. [ Liability for the damage suffered] § 1. A bank which has infringed the rules on the bank's execution of its execution from bank accounts shall be liable for the damage caused to it by the creditor.

§ 2. Rules of Art. 886 shall apply mutatis mutandis to the employees of the bank guilty of the unlawful conduct of the payment from the occupied bank account.

Article 893. [ Application of provisions of the Act] The effects of the seizure shall apply mutatis mutandis. 885, 887 and 888.

Article 893 1 . [ Seizure of a bank account for which a registered name is issued] § 1. If the execution from the bank account for which the proof of imitation is issued cannot be carried out in accordance with art. 901 due to the impossibility of receiving this document, the bailiers shall declare this fact by the protocol and shall carry out the seizure of the bank account for which the evidence was issued, by referring to the competent bank of the notification of seizure. The seizure shall be effected on the notification of that notification. As a result of the claim made in this way, the bank withholds any withdrawals from the occupied bank account, which has been issued by registered mail, and gives notice to the bank, post office within the meaning of the Act of 23 November 2012. -Postal law and other establishments carrying out activities in the above range.

§ 2. The chamber shall be notified without delay of the seizure of a bank account for which a registered name is issued to the debtor, with a statement of liability under Paragraph 3, in the event of payment from the bank account to which the account is issued. Imitated proof.

§ 3. A debtor who, after taking up a bank account for which a name has been issued, will pay all or part of the cash held in that account shall be liable to criminal liability for the removal of property from execution.

§ 4. The bailinist shall immediately deliver the notification of the bank account to which the identity card has been issued to the creditor.

§ 4 1 . Within two weeks of the date of notification of the notification of the bank account to which the name is issued, the creditor shall apply for the waiver of the debtor's savings book and shall notify the competent authority immediately. a branch of the bank, serving it a copy of the request for redemption of the savings books submitted to the court. If the write-off referred to in the preceding sentence is not met, within one month of the date on which the bank account is seated, the competent branch of the bank shall cancel the withdrawals from that account, which shall be notified to the competent authority of the bank. the owner of the savings booklet.

§ 4 2 .............................. 1 .

§ 5. The Minister responsible for public finance, in agreement with the Minister responsible for communication and the Minister of Justice, will determine, by way of regulation, the notification procedure for banks, postal services within the meaning of the Act of 23 November 2012 -Postal law and other establishments, taking into account the data contained in the notice, with a view to the smooth conduct of executions.

Article 893 2 . [ Redemption of Austerity] § 1. The Tribunal shall consider an application for the remission of the savings books on the rules and in the manner prescribed by the provisions on the death of the lost documents. In the case of redemption of the savings book, there may be no statement of objections concerning the merits of the creditor's claim. The costs of the proceedings shall be borne by the holder of the book The court shall send a final decision on the write-off of the savings booklet to the competent branch of the bank.

§ 2. In case of redemption of the savings book, the competent branch of the bank shall issue a new savings book to its place, which, after deduction of cash up to the amount receivable as indicated in the instrument, including enforcement costs issue to the owner. In the event of failure to take account of an application for the write-off of the savings books, the competent branch of the bank shall immediately revoke the withdrawals from the bank account for which the evidence has been issued, and shall notify the holder thereof.

Article 893 2a . [ Service of letters via the ICT system] The bailey shall serve the letter to the bank via a teleinformatic system serving the seizure of the receivables from the bank account, and the bank shall only provide letters to the bailey through this system.

Article 893 3 . [ Application of provisions] The provisions of Article 4 893 1 and 893 2 it shall apply mutatis mutandis in the event of the impossibility of receiving another document from which the claim in the bank account is bound by the claim.

Article 893 4 . [ Application of the provisions of this chapter] The provisions of this chapter shall apply mutatis mutandis to the execution of accounts kept by cooperative savings banks, excluding the provision of Article 4 (1) of the Regulation. 893 2a .

Art. 894. (repealed)

SECTION IV

Execution of other claims

Article 895. [ Property] § 1. Execution, carried out in accordance with the provisions of the chapter of this chapter, belongs to the court chamber of the general jurisdiction of the debtor against whom enforcement proceedings are pending and, in the absence of grounds for it, to the court chamber of the general jurisdiction of the person responsible for the debtor. When such a person is not, the execution belongs to the chamber of the court in whose district the object of the provision or the law is located.

§ 2. If the exercise of the law is related to the possession of the document, the court of the court in whose district the document is located shall be competent.

§ 3. On the basis of an application for the initiation of execution of movable property, the bailiper shall also make a claim or other property rights attached to the possession of the document, if such document is in the debtor's possession.

Article 896. [ Comorator's actions] § 1. The commander shall proceed to the execution of the receivables by seizing it. In order to seive the baitler:

1) notifies the debtor that he is not allowed to receive any benefit or dispose of the claimed claim and the security laid down for it;

2) he shall call upon the debtor to pay the debtor, but he shall submit it to the debtor or to the deposit account of the Minister of Finance for the benefit of the debtor;

3) call on the debtor of the claim that, in the event of a confluence of judicial and administrative enforcement, where the benefit is not sufficient to cover all the claims being enforced, he/she shall pay them to the judicial or administrative authority of the enforcement, which first carried out the seizure and, in the event of impossibility to establish that priority, to the body which carried out the claim in a higher amount, and to immediately inform the competent authorities of the confluence of enforcement. enforcement, indicating the date of service of the notices of the classes made by those authorities and the amount claims for which the classes have been made.

§ 2. At the same time, with the claim of receivables, the baitler will call upon her debtor to make a statement within the week:

(1) whether and in what amount the debtor is entitled to claim or refuses to pay and for which reason;

2) whether other persons claim the right to claim, whether and in what court or before which the body is pending or the case for claimed claim, and whether and for which the claim is addressed to the claimed claim of execution by others creditors.

Article 897. [ Claim of a secured receivable] § 1. In order to claim the claim, the security of which is disclosed by the entry in the register or by submitting a document to the file, the bailiffs simultaneously with the notification and the call of debtors in accordance with art. 896, he submits to the court competent to keep the register of perpetual papers an application for a seizing or filing of this application to a set of documents.

§ 2. If there are entries in the perpetual ledger or in a set of documents which constitute an obstacle to the application, the court competent to hold the register shall inform the creditor and the bailiff, setting the time limit for removal. barriers. The removal of the obstacle belongs to the creditor. To this end, the creditor may exercise the rights of the debtor. At the request of the creditor, the baitler shall receive the required documents for the debtor.

§ 3. After the ineffective expiry of the deadline, the court gave the application to the baililer, and the bailiers were executed by the bailiers. If, however, the creditor within the time limit laid down by the court shall bring an action to remove the obstacle, the dismissal of the application and the cancellation of the enforcement shall not take place prior to the final dismissal of the action.

§ 4. (repealed)

Art. 898. [ Entry in the perpetual book] If an entry in the perpetual book is required to secure the claimed claim, the comorator will receive the documents needed to make that entry and submit an application for an alert to the debtor and the simultaneous disclosure of the claim.

Art. 899. [ Guarantor, pledge] The creditor shall also inform the guarantor or the owner of the pledge of the claim that the claims secured by the guarantee, the lien or the registered pledge, shall, at the request of the creditor, inform the guarantor or the proprietor of the claim. the debtor is not allowed to pay. Article Recipe 882 § 1 point 2 shall apply mutatis mutandis.

Article 900. [ seizure] § 1. The seizure shall be effected on service of the call to the debtor of the claimed claim. If an attachment is required in a perpetual book, the claim is occupied at the time of the entry or submission to the filing of the bailicle application. However, and in this case, the seizure shall be effective as soon as the request for a claimed claim has been served on the debtor, if that service has been effected before.

§ 2. The inclusion of sums paid on a periodic basis also includes future payments. Article 883 (2) shall apply mutatis mutandis.

Article 901. [ Claim claim related to the document] § 1. The claims relating to the possession of the document shall be claimed by the receipt of the document to the debtor or to a third party. Article Recipe 845 § 2 shall apply mutatis mutandis. The next classes of such receivables shall be made by selecting the first class in the minutes.

§ 2. The bailiff will notify the creditor of the debtor against whom enforcement proceedings are being carried out, and the debtor of the claimed receivables, and in the subsequent classes, also the previous creditors.

§ 3. The debtor shall, from the debtor of the claimed claim relating to the possession of the document, request the payment of the sum sought, and if the claim is due after termination, he shall make a statement of his or her notice. At the request of the creditor, debtor or ex officio, the baitler shall also carry out conservative activities if necessary.

§ 4. Held securities not recorded on a securities account may be sold through an investment firm within the meaning of the provisions referred to in Article 4. 752 1 The sales in this mode may take place within one month from the day of the seizure. With the agreement of the debtor, the sale may also take place after that date. The sale price should be set up by an expert. At the request of the debtor, the sale may take place at the price indicated by the debtor.

§ 5. If the obligation on the promissory notes does not pay the sum sought, the bailipper will sell the weksel. The indos made by the comorator exerts the effects of the insect inscribed by the obligated. If the words "not on request" or other reserved equivalents have been placed on the promissory notes, the bailiers may transfer the promissory notes to the purchaser only in the form and with the effect provided by the provisions on the transfer of the receivables.

§ 6. For the disposal of promissory notes. 904 1 shall apply mutatis mutandis.

Art. 902. [ Application of provisions of the Act] The effects of the seizure shall apply mutatis mutandis. 885, 887 and 888, and to the effects of failure to comply with the comorator's calls and to the obligations arising from the seizure-art. 886.

Article 902 1 . [ Permissions resulting from the Compensation Clause] The claim does not affect the rights arising from the netting clause contained in the contract, as referred to in the Act of 2 April 2004. about some financial security (Dz. U. of 2016 r. items 891).

Article 902 2 . [ Seizure of receivables from overpayment or tax return] § 1. Seizure of receivables from overpayment or refund of tax within the meaning of the Act of 29 August 1997 -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.) also includes future claims resulting from the overpayment or refund of tax incurred during the year from the date of the seizure.

§ 2. Debt claims for overpayment or refund of tax shall be made by the statement referred to in art. 896 § 2, only after the claim of the claimed claim or informs about the lack of its property.

§ 3. The tax authority shall, in the exercise of the claim for overpayment or refund of the tax, make service to the baik only through the electronic computer system or by means of electronic means of communication, in a manner prescribed by the law. issued on the basis of art. 67 § 2c of the Act of 17 June 1966. of administrative enforcement proceedings in the administration.

Article 903. [ Endorsement of an alternating commitment] If a claim has been claimed and the object of which is to provide an alternating obligation with the right of choice reserved for the debtor against whom enforcement proceedings are pending, that right shall pass to the creditor, if the debtor, the debtor, is called upon to do so. by the baitler to make a choice, within a week of the law he will not use it.

Article 904. [ Reciprocal Benefit] If the debtor's obligation depends on the mutual benefit of the debtor against whom enforcement proceedings are carried out, which consists in the issue of the goods in his/her own possession, and the obligation to issue the item has already been A court or a member of the Court of the United State of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of enforcement proceedings, if it is necessary to obtain a benefit from the debtor claimed receivables.

Article 904 1 . [ Sale of receivables by auction or free of hand] § 1. At the request of the creditor, the satisfaction of the creditor shall be effected by the sale of the claim by way of auction or by the free-hand, unless the nature of the claimed claim is opposed by the creditor.

§ 2. Sale of the claimed receivables shall be made by auction conducted in accordance with the provisions on enforcement of movable property. The price of the call shall be three quarters of the sum to which the principal is made and the interest accruing to the day of the auction. The acquisition cannot be made below the call price.

§ 3. Subject to the agreement of the debtor, the claimed claim may be sold out of free hand at the price indicated by the debtor if the sale does not prejudice the interests of the creditors. The debtor may also indicate the buyer and specify other terms of sale. The consent of the debtor for sale from the free hand shall not be necessary when the claim was due before the day of the seizure. In that case, the selling price shall not, however, be less than four fifths of the sum to which the main charge is made and the interest accruing to the day of sale.

Art. 905. [ Claim of receivables] § 1. If the claim is claimed by which the debtor is to be issued for the property of the movable property, they shall be issued to the baililer at the place where the debtor is to be issued. The seizure of movable property shall be effected by the self-claim of the claim.

§ 2. Further execution from these movables will be carried out in accordance with the regulations on execution of movable property.

Article 906. [ Occupation real estate] § 1. If a claim has been claimed under which the debtor against whom enforcement proceedings are pending as the owner is to be issued the property, the bailile will grant the property to the debtor's management. At the request of the creditor, the baitler shall establish another person's management.

§ 2. The execution of this property and the Management Board shall be carried out according to the regulations on the execution of the property.

Art. 907. [ Maritime ship entered in the ship's register] The rule of the preceding article shall apply mutatis mutandis in the case where the subject of the claimed claim is a maritime vessel entered in the register of the ship.

Art. 908. [ The Management Board] § 1. If, after the claim is claimed, the rights of the debtor or the creditor so require, the court shall, at the request of the creditor or debtor, as appropriate, establish the probation officer or the liquidator. The order of the court shall be entitled to a complaint.

§ 2. The Management Board shall apply mutatis mutandis the provisions on the Management Board in the course of the execution of the property.

SECTION IVa

Execution from other property rights

Art. 909. [ Enforcement of other property rights] The provisions on enforcement of claims shall apply mutatis mutandis to enforcement from other property rights, if the provisions of the following do not provide otherwise.

Article 910. [ Seizure of the law] § 1. The lawmaker will proceed with the law to execute the property rights. To this end, the baitler shall:

1) notifies the debtor that he is not allowed to dispose of it, incriminate or execute the claimed right, as well as he is not allowed to charge any exercise entitled under the claimed right;

2) inform the person who from the claimed right is charged with the obligation to the debtor, so that the obligation to do so against the debtor is not pursued, and the resulting cash benefits shall be paid to the baiter or to the deposit account of the Minister of Finance, and calls on the person to make a statement within the time of the week whether the other person claims to claim the right to claim, whether and in what court or before which authority is pending or the case for the claimed right, as well as whether and what the claim the enforcement of the right to exercise is addressed;

3) call upon the person who, under the law, is liable to the debtor, in the event of the execution of judicial and administrative enforcement, in the event that the cash benefit is not sufficient to cover all the claims to be enforced, it shall pay the them either to a judicial or administrative enforcement authority which has first carried out a seizure and, failing that, to the authority which has carried out the claim against the claim in a higher amount, and without delay, notified the execution of enforcement by the competent enforcement authorities, indicating the date of the execution the service of the notices of the classes made by those authorities and the amount of the claim for which the classes have been effected.

§ 2. The law shall be seized upon the service of the notification to the person who, under the exercise of the law, is under a duty to the debtor. However, if the notice of seizure has been notified to the debtor beforehand, the effects of the seizure shall arise in respect of the debtor at the time of notification of the attachment.

§ 3. If the property right to be seized is of such a nature that there is no person charged with an obligation to the debtor, the seizure shall be effected on the notification of the notification to the debtor.

§ 4. In relation to anyone who knew about the initiation of the execution, the effects of the seizure arise from the moment when the message was initiated, even though the notification referred to in § 1 has not yet been served.

Article 910 1 . [ Submission of the proposal] By making a class of law from a patent, a protective law on a utility model, the right from the registration of an ornamental design, the right from the registration of a trademark, the right from the registration of a topography of the chip, the bainitor shall send to the Patent Office of the Republic of Poland Polish application for entry of information about the seizing of the right to the correct register.

Article 910 2 . [ Landlord] § 1. By virtue of seizure, the creditor may exercise any property rights of the debtor arising from the seized right which are necessary to satisfy the creditor by execution, he may also take any action that is necessary to preserve rights.

§ 2. If there is a need to exercise other powers resulting from the claimed right than those mentioned in § 1, the court at the request of the debtor or the creditor or from the office will establish the liquidator. The liquidators shall be subject to the provisions on the management of the property in the execution of the property.

Article 910 3 . [ The property of the spouses] The provisions of Article 4 (1) of Regulation (EU) (d) of the European Union and of the Council of the European Union shall apply to the execution 923 1 .

Article 910 4 . [ Fluent] § 1. To estimate the occupied law, the baitman appoints the expert.

§ 2. An expert's assessment is not necessary if the parties have determined the value of the claimed right, or if, within three months prior to the seizure, the claimed right has been estimated for the purposes of market trading or the contract has been determined, its value has been set. for the purposes of such marketing.

§ 3. In the cases indicated in § 2, the value of the law shall be the value of the law determined in accordance with the parties or in an earlier agreement or estimate.

Article 911. [ Description of occupied law] At the request of the creditor the baitler will draw up a description of the claimed property rights.

Article 911 1 . [ Description Contents] In the description the comorator will replace in particular:

1) the type of the claimed right;

(2) the designation of the persons entitled and the nature of their rights or a statement of the lack of information on their existence;

3) the designation of the persons obliged, if they are, and the type of the obligations they are carrying on them;

4) in the event of the existence of a dispute as to the content of the law or the nature of the rights, the nature of the dispute, the persons concerned with these claims, and the designation of the court or other body before which the dispute is held.

Article 911 2 . [ Notification of accomplices] § 1. The seizure of the rights of the debtor in the event of an appearance from a civil company or a solution thereof shall be made when the debtor is notified of the seizure. The commander will notify the other partners if their addresses are given by any of the parties to the comorator.

§ 2. The other members shall, within two weeks from the date of their seizure, be obliged to submit to the bailiyer a list of the items, claims and rights that will be due to the debtor in the event of an appearance from the company or to its solution. The provisions of Article 4 886 shall apply mutatis mutandis.

Article 911 3 . [ Seizure of the accomplice] In taking part in a shareholder's participation in a trading company or a shareholder's right to participate in such a company, which the partner may dispose of, as well as the property rights of the shareholder, the bailiers will notify the company of the company's seizure and report this fact to the court. registry.

Article 911 4 . [ Seizure of the law] The seizure of the right shall also cover all claims and claims held by the debtor in respect of the claimed right, even if they arose after the seizure.

Article 911 5 . [ Call to fulfil the benefit] If the claimed right results in a required claim, the baitler shall call on the debtor of the claimed claim to fulfil the benefit of the creditor or the baitler. The provisions of Article 4 887 shall apply mutatis mutandis.

Article 911 6 . [ Satisfaction of the creditor in the exercise of the law] § 1. The satisfaction of the creditor from the claimed right shall take place on the income if the claimed right brings income, either from the realization or sale of the law.

§ 2. Surprise of income or realization of the law, if not done in the art mode. 911 5 , shall be carried out by enforcement by the Board of Forced. The provisions of Article 4 1064 1 -1064 11 shall apply mutatis mutandis.

§ 3. (repealed)

§ 4. (repealed)

Article 911 7 . [ Sale from free hand] § 1. If the special provision does not provide otherwise, the baiting may sell the seized right from the free hand at a price of not less than 75% of the price of the estimate. This sale shall not take place earlier than the fourteenth day of the estimate.

§ 2. At the request of the debtor, with the consent of the creditor, the sale may take place without an estimate of the law. The price may be sold for the price indicated by the debtor when the interests of the creditors did not infringe the price. The debtor shall then indicate the minimum price below which the sale may not be made. The debtor may indicate to the person of the purchaser or indicate the number of persons entitled to purchase and the order in which the right of acquisition will be entitled to them.

§ 3. If the sale does not come into effect within a week from the date on which the creditor agreed to the sale, the bailiff shall sell the claimed right by auction, unless the creditor agrees to resale from the free hand.

§ 4. In order to sell the law by auction, the rules on auctioning in the execution of movable property shall apply mutatis mutandis. For sale by auction of securities referred to in Art. 3 point 1 of the Act of 29 July 2005. on trading in financial instruments, no provision of art shall apply. 7 ust. 1 of the Act of 29 July 2005. public offering and conditions for the introduction of financial instruments to an organised trading system and on public companies (Dz. U. of 2016 r. items 1639) and art. 19 (1) 1 point 2 of the Law of 29 July 2005. marketing of financial instruments.

Article 911 8 . [ Enforcement from financial instruments] § 1. To be executed from financial instruments recorded on a securities account or other account, the baitler will proceed by their seizure. To this end, the baitler shall:

1) notify the debtor that he is not allowed to receive any benefit, as well as dispose of, except for the orders referred to in § 2, the occupied financial instruments or the values collected on the account;

(2) a call by an entity carrying out a brokerage activity in which the debtor has an account not to exercise the debtor's disposal, with the exception of the orders referred to in paragraph 2, nor has he paid the debtor the money placed on his account, but the sums claimed in cash up to the amount of the enforced receivables issued to the baililer or placed on the deposit account of the Minister of Finance.

§ 2. If the cash sum in the account of the debtor is not sufficient to cover the claimed claim, the operator of the brokerage activity in which the debtor has an account shall immediately call upon the debtor to submit within three days a sales order to satisfy the creditor for a period of a month, indicating which of the deposited financial instruments are to be the subject of a sales order. If the financial instruments which were previously claimed on the basis of the freezing order are used, the debtor's disposal of the order of sale will be carried out after the execution in the execution, if the order of sale of the debtor is itself submitted within the time limit laid down in Article 752 1 .

§ 3. If the debtor does not carry out the operation referred to in § 2, or despite the performance of the action, no sale of financial instruments will occur, the operator shall inform the creditor within three days, via the chamber, which instruments shall be used by the debtor. the financial accounts are placed on the account. The creditor shall order the sale of the selected financial instruments.

§ 4. In the event of failure by the creditor within the period of two weeks of the order referred to in § 3, or if the sale on behalf of the creditor has not come to an effect for a period of one year, the execution shall be effected by the execution of the execution.

§ 5. If the seizure was made to two or more creditors, the order referred to in § 3 shall be submitted by the curator established in the art mode. 908, unless the creditors submit a compatible request for the sale of financial instruments. If the curator is established, the term of two weeks shall be counted from the date of appointment of the curator.

§ 5 1 . In the event of a judicial and administrative enforcement, where the amounts in the account are not sufficient to cover all the claims to be enforced, the operator of the brokerage activity in which the debtor has an account shall pay out the payments. from that account to the judicial or administrative enforcement authority which first carried out the seizure and, in the event of impossibility to establish that priority, to the body which carried out the claim against the claim in a higher amount, and immediately inform the competent enforcement authorities of the confluence of execution, indicating the date of service notification of the classes made by those authorities and the amount of receivables for which the classes have been taken, of which the baitler is instructing the brokerage activity in which the debtor has an account by taking a class.

§ 6. Provisions § 1-5 1 does not apply to a collective account within the meaning of the provisions of the Act of 29 July 2005. marketing of financial instruments.

Article 912. [ Seizure of the right to the property department] § 1. If a law has been claimed under which the debtor may demand the department of assets, the seizure shall cover all that the debtor in the department will fall into. When the debtor receives from the department a property or a fractional part of it, the court having carried out the department notifies of the attachment of the court competent to hold the perpetual book in order to disclose the seizure by the entry in the register or the submission of a notification to the file documents. If the creditor in the course of the month after the completion of the department has not requested the execution of the property of the debtor, the property objects from which he has not requested the execution shall be free from seizure.

§ 2. O occupation of the law, by virtue of which the debtor may request the department, the baitler shall notify the person indicated by the creditor against whom the debtor is entitled to request the department.

CHAPTER V

Exaltation of assets

Article 913. [ List of assets, pledge] § 1. If the debtor's property is not covered by the debtor's assets, or if the creditor indicates that, as a result of his execution, he has not fully satisfied his claim, he/she may request the debtor's obligation to lodge a claim on the debtor's claims. a list of assets with a valuation of the goods and the place where they are located, their claims and other property rights, and to make a vow according to rota: " Aware of the importance of my words and of the responsibility before the law, I assure you that the by me the list of assets is real and complete ".

§ 2. The creditor may require the exoneration of assets also prior to the initiation of enforcement if:

(1) prima facie, that he or she will not obtain a full payment of his claim from the assets known to him or to the debtor of the current periodical benefits for a period of six months;

2) after obtaining the enforcentary title, he called on the debtor to pay the registered letter receivable by registered letter for the acknowledgement of receipt, and the debtor did not fulfil the benefit within 14 days from the date of service of the call for payment.

Article 914. [ Application for the valuation of assets] § 1. An application for order to order the debtor to be issued shall be filed in the court of the general jurisdiction of the debtor.

§ 2. The application must be accompanied by a copy of the seizure protocol or other documents justifying the obligation to give up the property, and if the application was submitted before the initiation of the execution, also the title of enforcement.

Art. 915. [ Recognition of the proposal] § 1. The court shall recognize the request after the parties have been summoned and heard, if they so request.

§ 2. The list and the promise of the court shall be taken immediately. In justified cases, the court may designate the debtor a period of not more than one week.

§ 3. The decision of the court on the application of the property shall be entitled to a complaint. The lodging of a complaint shall not include the execution of the decision on the valuation of the property. The Tribunal may act in accordance with Article 4. 396.

Art. 916. [ Measures of coercion] § 1. If the debtor is not in court for the purpose of submitting a list or a pledge without justification, or if he/she has not filed or refuses to answer the question referred to it or refuses to make a vow, the court may sentence him to the fine or prescribe compulsive driving and may apply arrest not exceeding one month, taking into account art. § 2. The effects of these debtors should be instructed in the call for a meeting. If the debtor or the waiver of the procedure is carried out, the fines not paid until that time shall be remitted.

§ 2. The order of the court on the sentencing of the fine and the decision of the arrest shall be entitled to a complaint.

Art. 917. [ Effects of coercive measures] § 1. In the event of application of the coercive measures, the debtor may at any time submit a list and a pledge. In the event that the arrest has been applied to him, the debtor may be required to appear before the court for the submission of the list and the vows. In this case, the court shall without calling on the creditor immediately to adopt the list and receive the pledge, after which the debtor will be discharged.

§ 2. The creditor, who has not been present for these activities, may request that the debtor be asked again to ask him questions for the detection of objects to which the execution could be addressed. The failure of the debtor or the refusal of a reply or the additional remittance shall entail the effects mentioned in the preceding article. The effects of these debtors should be instructed in the call for a meeting.

Art. 918. (repealed)

Article 918 1 . [ Submission of a new list and pledges] A debtor who has made a pledge or to which coercive measures have been applied shall be obliged to submit a new list and vows to the same or another creditor when the pledge or the exhaustion of the coercive measures has been made One year period has elapsed.

Article 919. [ statutory representative] For a person who has no procedural capacity, a list and a pledge shall be made by a statutory representative.

Art. 920. [ Enforcement carried out ex officiate] § 1. The provisions of this chapter shall apply mutatis mutandis to the enforcement of the office, as well as the execution of alimony.

§ 2. In the event of the execution of the alimony, the court will conduct proceedings for the exaltation of the property also at the request of the baili

Article 920 1 . [ Accounting for savings in bank accounts] § 1. The provisions of Article 4 913-917, 919 and 920 shall apply mutatis mutandis to the disregard of savings in bank accounts by the debtor in connection with the demand for the issuance of a savings book or other proof of contribution. In the list of assets, the debtor is obliged to state whether and what savings it has in the bank account in which the bank was collected, and if there is no bank proof, it is obligatory to indicate the person in whom the evidence is located.

§ 2. Repeal of the debtor from the release of the savings book or other relevant evidence or the indication of the person in which they are located shall result in such effects as the refusal to submit the list or to answer the question (Art. 916).

Article 920 2 . (repealed)

CHAPTER VI

Execution of real estate

Chapter 1

Introductory provisions

Art. 921. [ Property] § 1. The execution of the property belongs to the ventricle operating at the court in which the district of the property is located.

§ 2. If the property is located in a circle of several courts, the selection belongs to the creditor. However, proceedings initiated at the request of a creditor shall be accompanied by proceedings initiated at the request of other creditors. To this end, the bairer who began the execution, about the initiation, and the subsequent completion of the execution, shall notify the baitman, to whom, according to the preceding paragraph, could belong to execution.

Article 921 1 . [ Notice of the court of initiation and completion of executions] The opening and completion of execution shall be notified to the court in which it operates.

Art. 922. [ Participants to the proceedings] In addition to the creditor and debtor, participants in the proceedings are also persons who are entitled to rights in rem limited or claim or personal rights secured on the property, and where the subject of enforcement is perpetual use, including the authority which entered into the perpetual use agreement.

Chapter 2

Occupation

Art. 923. [ Notice of the debtor] As a result of the creditor's request for the initiation of enforcement from the property mentioned in the application, the bainiff calls on the debtor to pay the debt within two weeks under the rigorous of accession to the description and estimate.

Article 923 1 . [ Seizure of property incorporated in the common assets] § 1. The title of the instrument issued against the surviving person shall constitute the basis for the seizure of the property incorporated in the common property. Further enforcement actions shall be admissible on the basis of the enforcient title set out in the case of both spouses.

§ 2. If the spouse of the debtor opposes the seizure, the opponent shall immediately notify the creditor who, within a period of a week, should apply for a declaration of enforceability against the debtor of the debtor under the rigorous of the enforcement of the execution of the debtor. used property.

Art. 924. [ Request for entry] § 1. At the same time, sending the debtor a call to the debtor shall submit to the court competent to keep the register of perpetual record of the opening of the execution or to submit an application to the collection of documents, together with a written request for payment.

§ 2. In the event of a write-off of the enforcement proceedings or the completion of execution in a different way than by remission of execution, the bailiger shall submit an application for the deletion in the register of the perpetual execution of the execution or the removal of the application for the initiation of execution from the harvest documents. The requirement to correct or supplement the application shall lie with the baitler.

Art. 925. [ Occupation real estate] § 1. In relation to the debtor, the property shall be occupied as soon as the call has been served. In relation to a debtor who has not been served notice as well as in relation to third parties, the property shall be occupied as soon as the entry in the perpetual book is entered or the application of the bailiers is submitted to the collection of documents.

§ 2. However, in relation to anyone who knew about the initiation of the execution, the effects of the seizure arise from the moment when the message was initiated, even if the call was not yet to be sent to the debtor or to the entry in the register of the perpetrations. Done.

§ 3. The bailiff shall be notified to the creditor of the seizing of the bailiff.

Art. 926. [ Connection of cases] § 1. Execution proceedings pending on several properties of the same debtor or as for several parts of the same property as well as execution proceedings concerning the part of the property and its entirety may be combined into one the proceedings, if this corresponds to the purpose of enforcement, and there are no obstacles of a legal or economic nature. The connection is managed at the request of one of the parties to the baikhouse, and when the property is located in the districts of the various district courts, the district court supervisor of the district court in which the district was initiated the first execution.

§ 2. The proceedings may be separated if the reasons which caused the merger still fall within the procedure.

Article 927. [ Second creditor] § 1. A creditor who has made an execution to the property after it has been taken up by another creditor shall join the proceedings previously initiated and shall not demand a repetition of the acts already made; in addition, he shall have the same rights as the first creditor.

§ 2. In the case referred to in § 1, the bainiff shall submit to the court competent to keep the register of the perpetual application for an entry on the attachment of the creditor to the execution or to submit an application to the set of documents.

Art. 928. [ Curator] In order to ensure that the rights of the person whose whereabouts are not known and whose absence cannot be served, the court will, at the request of the baitman, establish the curator to replace the person who is not present. The curator shall also perform his duties in the interests of other persons who, in the subsequent course of the proceedings, will not be able to be effected. However, the curator can only represent individuals whose interests are not contradicated.

Art. 929. [ Class Range] § 1. The seizure includes the property and all that, according to the provisions of the law, is the subject of mortgageshive.

§ 1 1 . The debtor shall be taken up by the debtor prior to the rental rent for a period of more than three months, and the rent rent for a period of more than six months, counting in both cases from the day of the seizure, shall not relieve the tenant or lessee from the obligation to pay The rent to the hands of the comorator.

§ 2. If the execution is carried out in search of receivables from insurance contracts or mortgage-backed claims, the seizure shall also cover the rights resulting from contracts of insurance of items listed in the preceding paragraph.

§ 3. The Office of the Office shall examine whether the movable property, receivables or rights occupied under the provisions of § 1 and § 2 are not encumbered by a registered pledge. The provisions of Article 4 805 1 § 1 and § 4 shall apply mutatis mutandis.

Art. 930. [ Effects of seizure] § 1. The regulation of the property after its seizing does not affect further proceedings. The purchaser may participate in the proceedings as a debtor. In any event, enforcement actions shall be valid in relation to the debtor and to the purchaser.

§ 2. Regulations of items subject to occupation together with the immovable property after their seizing are invalid. This does not apply to the regulations of the real estate manager in respect of his statutory powers.

§ 3. The property burden on the debtor after its seizing and the ordinance of the emptied mortgage is invalid. In the event that a forced mortgage is entered after the property is seized, the claim shall not take precedence over the claims secured by the hypothetical collaterals.

§ 4. The devotion of the occupied property in lending, leasing, rental or lease is ineffective against the buyer of the property in the execution.

Art. 931. [ The Management Board] § 1. The occupied property shall be left on the board of the debtor, to which the liquidator provisions shall apply.

§ 2. If the proper functioning of the management board so requires, the court will depart to the debtor the management board and establish another administrator; the same applies to the established administrator.

§ 3. The court has requested that another manager be appointed if the management of the management board requires costs that are not sufficient to cover the current income, and that the applicant will not submit an amount to be determined by the court within a week.

§ 4. If the debtor who has been subtracted by the management board at the time of his seizure has used the premises in the occupied property, he shall be left to the debtor. The court may, however, at the request of the creditor, order the removal of the premises if the debtor or his household obstructs the liquidator in the performance of the management board. The administrator may employ a debtor and his family for remuneration, which the court will determine.

Art. 932. (repealed)

Article 933. [ Real Estate Executive] If the manager at the management board encounters an obstacle, the bairer at the request of the court shall enter it into the real estate board.

Art. 934. [ Real Estate Income] After the establishment of the manager, the bailiff shall call upon the person indicated by the creditor to pay the hands of the liquidator to the hands of the persons so as to be as outstanding as well as the future benefits which constitute income from the property. The notice must be warned that the payment of the debtor's hands will be ineffective in relation to the creditor.

Art. 935. [ Scope of Management] § 1. The manager of the occupied property is required to perform the tasks necessary to maintain the correct economy. It has the right to collect, instead of the debtor, any loan from the property, to cash it within the limits of the normal management board and to carry out the cases which will prove necessary in the execution of such a management board. In matters arising from the management of the property, the manager may sue and be sued.

§ 2. The rulers are allowed to enlist only such obligations, which can be satisfied with the income from the property and are economically justified.

§ 3. Operations exceeding the scope of the ordinary board of directors may be exercised only with the agreement of the parties, and in the absence thereof, with the permission of the court, which, prior to the adoption of the order, shall hear the creditor, the debtor and the administrator, unless the delay would be detriment to the detriment.

Art. 936. [ Lease and Lease Contracts] The Management Board shall not affect the lease or lease agreements in force at the time of its establishment. However, the managers are allowed to pronounce this type of contract in accordance with the rules in force and to conclude contracts for the time taken by the local custom. The consent of the parties is required for the leasing of immovable property and, in its absence, the consent of the court.

Art. 937. [ Landlord's reports] § 1. The administrator shall submit to the court at least once a year and after the completion of the management of the report of its activities, as well as documented accounts.

The Tribunal shall, after hearing the creditors, the debtor and the liquidator and after considering the reports and, in particular, of the accounts submitted in them, approve the reports by the liquidator or refuse to approve them in whole or in part.

§ 3. The decision of the court on the approval of the report shall be entitled to a complaint.

Article 938. [ Responsibility of the administrator] § 1. The liquidator shall be responsible for the damage caused by the irresponsible performance of his duties.

§ 2. The Management Board, which without any justified reason did not submit within the designated time limit of the prescribed report or did not execute others by the court of issued orders, may be sentenced to a fine.

Article 939. [ Remuneration and reimbursement of expenses] § 1. The administrator may request remuneration and the reimbursement of expenses which he has incurred in connection with the management of his own funds. The amount of the remuneration shall be determined according to the amount of work and the profitability of the property

§ 2. However, the liquidator who is the debtor shall not be remunerated; he may only cover from the properties of the property the most necessary needs of his own and of the family in the size of the court, and his expenses related to the management.

§ 3. (repealed)

§ 4. Claims for remuneration for the management of the management board and the reimbursement of expenses incurred in connection with the management of the expenditure shall not be instituted. The administrator shall lose the claim if he has not reported them within one month after he has subsided or after his or her cease-to-date.

Art. 940. [ Purpose of revenue] From the incomes of the property, the manager shall cover in the following order:

1) the costs of execution, together with its remuneration and the reimbursement of its own expenses;

2. the current receivables of the employees of the immovable property or of the enterprises located on it and belonging to the debtor;

(3) the ongoing maintenance of the management of the maintenance of the maintenance of the maintenance of the maintenance of the maintenance of the debtor's administrative action. This entitlement shall not be granted to the members of the family of the debtor who remains with him in the common household at the time of the initiation of the enforcement;

4) current tax receivables from immovable property and current receivables for the social insurance of employees listed in point 2;

5. obligations related to the implementation of the Management Board;

6) claims on property insurance, its affiliation and borrowing.

Art. 941. [ Surplus] Surplus revenue after covering the expenditure referred to in Article 940, for the time to the day of the transfer of ownership of the property to the buyer, the administrator shall deposit on the deposit account of the Minister of Finance. The excess shall be attached to the price that will be obtained for the property. If the execution is surrendered, the excess shall be paid to the debtor.

Chapter 3

Description and Estimate

Article 942. [ Creditor proposal] After the expiry of the time limit specified in the debtor's call for payment of the debt of the baikhouse at the request of the creditor, it shall describe and estimate the claimed property.

Art. 943. [ Documents] § 1. In the application for the description and estimation of the creditor, the creditor should:

1) to submit an extract-and if necessary a copy of the perpetual book or a certificate of the court issued on the basis of a set of documents kept for the property, containing an indication of its owner and a list of the charges disclosed in this set of charges, if the property is covered by the real estate cadence-also an appropriate extract;

2) indicate the place of residence of the participants in proceedings

§ 2. If the property does not have a perpetual book, the creditor should submit another document stating the debtor's property.

§ 3. The documents indicated in the preceding paragraph may require the competent authorities as well as the baitman.

Art. 944. (repealed)

Art. 945. [ Notice, Notice] § 1. The deadline for describing and estimating the chamber shall be notified to the participants known to the comorator

§ 2. The chamber also calls on the public notice in the judicial building and the local mayor (mayor, city president) of the participants, whom there is no news, and other persons who claim the right to property and objects together with it He/she has been used to report his rights before the description is completed.

§ 3. Notices and notices shall be made no later than two weeks before the beginning of the description.

§ 4. If the description and the estimate are not completed within the time limit set out in the notice, the comorator shall inform the known participants of the completion of the description and the assessment thereof and shall make a notice pursuant to paragraph 2.

Art. 946. [ The license of the isolated part] § 1. At the request of the creditor or debtor, notified not later than during the description and the estimate, as well as from the office may be issued for the auction of a divisive part of the occupied property, the price of which is sufficient to satisfy the creditor enforcing. The divider is determined by the bailiers after estimating the property.

§ 2. The order of the court shall be entitled to a complaint.

§ 3. In the event of partial division, further proceedings as to the rest of the property will be suspended until the completion of the auctioning of the partial division.

Article 947. [ Protocol Content] § 1. In the protocol of the description and estimation of the comorant exchange:

1) the designation of the property, its borders and, as far as possible, its area and the designation of the perpetual book or collection of documents;

2) structures and other equipment with an indication of their economic destination and belonging to the property, as well as the stocks covered by the occupation;

3) established rights and charges;

4) insurance contracts;

5) the persons in whom the property is held, its affiliation and its borrowing;

6) the way of using the property by the obligor;

(7) an estimate showing the basis of its basis;

8) reported rights to real estate;

9) other details relevant for the designation or assessment of the property.

§ 1 1 If there is a registered pledge on the movable assets, claims or rights occupied jointly with the property, the description shall be replaced by the subject-matter of the registered pledge and the claim to be secured by the pledge.

§ 2. The Minister of Justice will determine, by way of regulation, the detailed way of carrying out the description and the assessment of the property, with a view to ensuring the correct valuation of the property and the efficiency of the proceedings and the effectiveness of the execution.

Art. 948. [ Appointment of an expert] § 1. The property estimates shall be carried out by the comorator who is entitled to estimate the property on the basis of separate provisions. However, if the immovable property was within six months prior to the estimate for market turnover and that estimate corresponds to the property estimate requirements in the property execution, the new estimate shall not be carried out.

§ 1 1 . If a request for the initiation of a new execution has been filed within three years from the date of remission of the proceedings in which the description and the assessment of the property have been made, the bailiff will make a new description and estimate only at the request of the creditor or debtor. The debtor may lodge such a request within two weeks of the date of service of the call for payment, which must be received by the debtor on the service of the call.

§ 2. In the estimation, the value of the property, the structures and other equipment, the belonging and the loans and the value of the whole, as well as the value of the part of the property, which according to the art, must be reported separately. 946 was expended in order to issue separately for auction. These values must be stated in such a way as to take account of and without taking into account the rights which remain in force without being included in the purchase price, and the value of the rights not specified in the sum of the money chargeable to the property, in particular the benefits of the title such rights.

§ 3. The description and estimation shall be included in a separate collection of documents on each immovable property which is the subject of enforcement, or a separate collection of documents for that property. However, if the enforcement proceedings are pending on several properties of the same debtor, entered in separate land accounts or for which separate collections of documents are carried out, they are merged into one procedure, in the case of when the real estate is an economic entity, it is necessary to describe and estimate the whole property and each of the immovable property.

Article 949. [ Rights of third parties to real estate] If the rights of third parties have been declared for immovable property, construction or other facilities, belonging or borrowing, or where such things are in the possession of third parties, the value of the disputed goods shall be marked separately, separately the value of the total after the exclusion of that item, and, at last, the value of the whole, including and without taking into account the rights which remain in force without being included in the purchase price, and the value of the rights not specified in the sum of money chargeable to the immovable property, in particular benefits in respect of such rights.

Article 950. [ Appeal of the description] The time limit for the description and the assessment shall be two weeks and shall be counted from the date of its completion. If the description and the assessment are not completed within the time limit set out in the notification, the time limit shall be calculated from the date of service to the participant in the notice referred to in Article 4. 945 § 4, and for participants not served notice, from the date of the notice of completion. The order of the court shall be entitled to a complaint.

Art. 951. [ Additional description] If there are significant changes in the state of the property between the drawing up of the description and the estimate and the auction deadline, an additional description and estimation may be made at the request of the creditor or debtor.

Chapter 4

Bid Notice

Art. 952. [ Term] The occupied property is sold by public auction. The auction deadline may not be set earlier than two weeks after the description and estimation has been cultivated, or before the judgment under which enforcement has been established.

Article 953. [ Notice] § 1. The bailiper announces the bidding by the public notice, in which he mentions:

1) the property to be sold, with an indication of the place of its location and economic destination, the name of the debtor together with the administration of the perpetual book and the place of its storage or with the marking of the set of documents and the court in which the collection this is carried out;

2) the time and place of the auction;

3) the sum of the estimate and price of the call

4) the amount of the voucher that the tender bidder should submit, with the indication that the guarantee can also be lodged in the savings book provided with the authorisation of the holder of the booklet to pay the whole contribution according to the final decision of the court on the loss of warranty or any other manner indicated by the baitman;

5) the time during which, within two weeks before the auction, the property will be allowed to see the property and to review the file of enforcement proceedings in court;

In addition, in the notice:

6) mention that the rights of third parties will not be an obstacle to the auction and the application of property to the purchaser without reservations, if those persons before the start of the tender do not lodge proof that they have requested an action for the release of the property or objects with it seized from execution, and have received a decision on the holding of execution in this respect;

7) clarification that the use, service and life of a service life, if not disclosed in the perpetual ledger or by filing a document to a set of documents and will not be reported no later than three days before the start of the auction, will not be the continued execution of the enforcement and the expiry of the decision on the partaking of property.

§ 2. (repealed)

§ 3. (repealed)

Art. 954. [ Service] The notice of auction shall be served on:

1. participants in the proceedings;

2. the municipal authority, the treasury office of the property and the social security authorities with a call to notify the statement of taxes and other public donations due by the date of the auction at the latest by the auction.

Art. 955. [ Announcement of a betting notice] § 1. The notice of auction shall be published at least two weeks before the date of publication of the notice publicly in the judicial building and the premises of the municipal authority, in a logbook in a given locality and on the website of the National Chamber of the Chamber of the Comortment.

§ 2. At the request and the cost of the party the baitler may order the advertisement also in another manner indicated by it.

§ 3. In the log announcement, you need to mark the property, time and place of bidding, the sum of the estimate, and the price of the call, and the amount of warranty that the bidder should submit.

Art. 956. [ Announcement of a notice on the auctioning of immovable property situated in various judicial districts] If the execution relates to one or more of the immovable property situated in the various judicial districts, the notice shall also be published in all the relevant courts, and if the notice is also to be announced in the press, the notice shall be published in the newspapers. They have been made in the districts of these courts.

Art. 957. (repealed)

Art. 958. [ Agricultural Property Owner] § 1. At the moment of the notice on the auction of real estate which is part of the agricultural holding, the owner of this property, who is not a personal debtor, shall be entitled until the third day before the auctioning of the right to take over the property on the property at a price not lower than the sum of the estimate. In the request for a takeover, the applicant shall lodge a warranty unless the law exempts him from the application.

(2) If a number of joint owners make a request for taking over, priority shall be given to those who carry out the farm or work in the holding. If the condition is met by several co-owners or none of them is met, the court will give priority to the co-owner, who gives the best guarantee of proper conduct of the agricultural holding.

Art. 959. [ Takeover priority] The priority of taking over the immovable property under the two articles preceding the decision is determined by the court, by issuing a decision on the beatings.

Article 960. [ Transmission of court records] If none of the right to take over the property on the basis of the three articles prior to the earlier use of the property or if the object of execution is not the agricultural property, the bailitist after the notice shall present the file to the court. In case of an observation of inaccuracy or defective proceedings, the court will instruct the bailipper to remove them.

Article 961. (repealed)

Chapter 5

Bidding Conditions

Article 962. [ Manoymia] § 1. An invitation to tender shall be required to lodge a guarantee of one tenth of the total amount of the estimate, at the latest on the day preceding the invitation to tender.

§ 2. (repealed)

Art. 963. [ Coats] The guarantee submitted by the auctioned bidancer shall be retained; the other biders shall be returned immediately.

Art. 964. [ Release with hand] § 1. He shall not submit to the person who is entitled to be disclosed in the description and the right to estimate the law if his value is not lower than the amount of the warranty and, if up to that amount, is included in the price of the call, together with the rights stated in the description and an estimate of the use of priority over the law.

§ 2. If, in the conditions provided for in the preceding paragraph, the value of the law is lower than the amount of the warranty, or the law finds only a partial cover in the price of the call, the amount of the hand shall be reduced in the first case to the difference between the full The latter and the value of the law, and in the second case, the value of the law not covered by the price of the call.

Art. 965. [ Call Price] The lowest sum for which the property can be purchased at the first auction (the call price) is three quarters of the sum of the estimate.

Art. 966. [ Sum of insurance] The sum at the time of the seizure under the contract of insurance of the debtor against whom enforcement proceedings is pending shall pass on to the purchaser and also in the part of the non-occupying party. The purchase price shall be increased by the total amount.

Art. 967. [ Invitation of the biddancer] After the application of the order of attachment, the bailipper calls upon the bidder (the buyer) to submit the purchase price with the voucher to the Depository of Finance within two weeks from the date of receipt of the call. composite in cash. At the request of the purchaser, the bailiers may mark a longer date for payment of the purchase price, not exceeding a month.

Art. 968. [ Payment of the claim against the price] § 1. The buyer may count on the price of his own claim or part of the claim if he/she finds the cover in the purchase price.

§ 2. With the consent of the creditor, whose claim is covered by the purchase price, the buyer may claim this claim against the price. The creditor shall give his consent in the document with the signature officially certified or to the minutes not later than the date on which the purchaser is obliged to pay the purchase price.

Art. 969. [ Effects of non-performance of bidding conditions] § 1. If the purchaser has not made the bidding conditions at the time of payment of the price, the purchaser loses his warranty and the effects of the conquiture expire. The price portion paid is returned. Those consequences shall be determined by the order in which the complaint is made.

§ 2. From a non-contributory buyer who has not executed the bidding conditions, the warranty is in the execution mode of court receivables.

§ 3. The costs of execution connected with the sale shall be covered by the warranty either lost or collected from the buyer and the rest is included in the sum obtained in execution, or if the execution has been decommitted, it shall be transferred to the income of the State Treasury.

Art. 970. [ Reauctionback] The creditor may request the appointment of a reliction after the expiry of the order.

Art. 971. [ Restrictions] The buyer may not demand cancellation of the purchase or reduction of the price due to the defects of the property or objects together with it acquired.

Chapter 6

Bidding

Art. 972. [ Licorice] The auction takes place publicly in the presence and under the supervision of a judge or a court referendary.

Art. 973. [ Information] After the auction call is made, the bailiers are given the following messages:

1) the subject of the tender;

2) the price of the call;

3. the sum of the vouers;

4. the date of payment of the purchase price;

5) property arrears in state taxes and other public donations, if the amount of these sums is reported, with an explanation of which of them shall be charged to the purchaser without being included in the purchase price;

6) the rights aggravating the property, which will be maintained in power with the payment and without being included in the purchase price;

7) resulting from the act of change in the real and legal state of the property, if they have taken place after its description and estimate.

Art. 974. [ Subject] The subject of the tender shall be the property according to the condition described and the estimate taking into account the changes given to the message by the bailider at the bidding time.

Article 975. [ Sales Order] If several properties are to be sold or several parts of one property are to be sold, the debtor shall be entitled to indicate the order in which the contract is to be carried out by individual properties or parts.

Article 976. [ Disable] § 1. The tender may not participate: the debtor, the bailider, their spouses, children, parents and siblings and the persons present on the auction in an official capacity, the bidder who has not performed the conditions of the previous auction, the persons who may acquire the property only with the permission of the State authority, and the authorisations have not provided that.

§ 2. The standing of one bidder is sufficient for the tender to be held.

Art. 977. [ Plenipotentiary] The plenipotentiary for participation in the invitation to tender should be established by a document with the signature officially certified. No certification shall be required by the signatures of the powers of attorney granted by the State organisational units or the organisational units of the local government and the powers of attorney granted to lawyers or legal advisers.

Art. 978. [ Form] § 1. The tender shall take place orally.

§ 2. The attainment may not be less than one percent of the call price, with rounding up to full zlotys.

§ 3. A paid price ceases to be tied when another bidder has donated a higher price.

Art. 979. [ Cessation of tender, write-off of executions] § 1. If, in the same proceeding, several properties or several parts of one property are to be sold, and if for those that have already been sold, a sufficient price has been reached for satisfying the claims of the enforcing creditor and the costs enforcement, the baiting shall hold a tender of the remaining properties or parts thereof.

(2) If, in the division of the sum obtained for the sale of certain only real estate or certain parts of the property, it is found that the creditor's claim and the cost of enforcement are, in that sum, full coverage, the execution as to the others property or parts of the property shall be remitted.

Art. 980. [ Close tender] Upon termination of the act of the bailishness, in anticipation of the fact that after the third announcement of further deed will not be accepted, the news three times the most recently offered price, will close the tender and the exchange of the bid that offered the highest price.

Article 981. [ Cancellation of execution] If the creditor's claim is paid together with the costs before closing the tender, the comorator will be executed.

Art. 982. [ Acquisition of agricultural property] § 1. If no one has joined the tender and the subject of enforcement is the agricultural property, the co-owner of the property put up for auction, which is not a personal debtor, has the right to take ownership of the property at the price of the property. less than three-quarters of the total estimate. Article 958 (2) shall apply mutatis mutandis.

§ 2. The request to take over the property must be reported within a week of the auction, while submitting the warranty, unless the law of the applicant exempts from it.

§ 3. If no one has joined the tender and the subject of enforcement is the ownership of the property, the mortgage creditor can take the right at a price which is not less than three quarters of the total amount of the estimate; the request for taking charge should be report within a week of the auction. The mortgage creditor does not make a guarantee.

Art. 983. [ Reauctionback] If no one has requested the acquisition of immovable property in accordance with the preceding article or the subject of enforcement is not an agricultural property, the bailiff at the request of the creditor shall appoint a second auction at which the price of the call constitutes two-thirds of the total amount estimates. This price is the lowest for which you can purchase the property.

Article 984. [ Acquisition of property on property] § 1. If, on the other hand, no one joins the tender, the taking over of the property may take place at a price which is not less than two-thirds of the sum of the sum of the estimation, with the right to take over the creditor to the enforcer and a hypothetical and a co-owner. If the subject of enforcement is agricultural property, the article shall apply. 982 with the resulting change in the take-over price resulting from this provision. Where the persons referred to in Article 982 will not benefit from the right to take over the agricultural property, the law is also entitled to an enforcer and a mortgage.

§ 2. An application to take over the property the creditor should submit to the court within a week after the auction, while filing the guarantee, unless the law exempts it from it.

§ 3. If several creditors submit a request to take over, priority shall be given to those who have offered a higher price and at equal prices, to whom the claim is greater.

Article 985. [ Closure of proceedings] § 1. If, after the second auction, none of the creditors took over the property, the enforcement proceedings shall be terminated and the new execution from that property may be initiated only six months after the date of the second auction.

§ 2. (repealed)

Art. 986. [ Complain of the comorator's actions] A complaint shall be submitted orally to the Judge or the referendary of the judiciary supervising the auction which immediately resolves the complaint against the operation of the bailiers in the course of the auction.

Chapter 7

Pin

Art. 987. [ Postarenees] After the closing of the tender, the court in the person of the judge under whose supervision the bidding is taking place shall issue at the meeting an explicit provision as to the attachment to the bid for the bid, which offered the highest price, having heard the highest bidder as well as the present participants.

Art. 988. [ Announcement] § 1. The order of arrival shall be announced as soon as the tender is completed; however, the notice may be postponed at least one week, if a complaint has been filed, which shall not be immediately resolved, as well as other important reasons.

§ 2. If the complaints or complaints lodged in the course of the enforcement proceedings are not yet legally settled, the court may hold the issue of the order to grant the beatings.

Art. 989. [ Giving up to the beats] When the acquisition of property is due to occur after the failure of the second auction, the court will grant the immovable property to the transferee after hearing the applicant and the participants, if they are to attend the meeting.

Article 990. [ Postarenees] The name of the buyer, the name of the property, the date of the invitation to tender and the purchase price shall be mentioned in the order of attachment.

Article 991. [ Refusal of beats] § 1. The court refuses to depart because of a breach of the rules of conduct in the course of the bidding process, if the deficiencies could have had a significant impact on the outcome of the tender.

(2) The Court of First Instance also refuses to depart if the proceedings were subject to remission or suspension, or if the participant did not receive a notice of auction, unless there was no breach of his rights or that he was not in a bid to do so. The failure to do so will be a complaint.

Article 992. [ Reauctionback] If the court refuses to do so, the bailiff at the request of the creditor will appoint a rebidding.

Article 993. [ New Landlord] § 1. If the confiner does not take place immediately after completion of the tender, the court, at the request of the bidder who has given the highest price, may, in the case where the liquidator is the debtor, subtract the board of directors and set up another manager.

§ 2. Upon arrival, the court will issue the order referred to in the preceding paragraph, at the request of the buyer or the participant of the proceedings. The buyer may at his own request be established by the administrator if, in addition to his warranty, he has lodged in cash not less than a fifth of the purchase price, or if he is entitled to the amount of his claim for the purchase price to that amount.

§ 3. In the event of an expiry of the effects of the conquests without the simultaneous waiver of enforcement, the court shall issue an order as to the liquidator, if the former manager was the purchaser.

Article 994. [ Membership of the Management Board] If the purchaser fails to obtain the right of ownership, the membership of the purchaser shall be covered with the priority before any other of its obligations on the monetary amounts of the price beyond the voucher.

Article 995. [ Right to depart] The person to whom the attachment is granted shall obtain, if he has made the bidding conditions, the right to bring the property of the property to the right of the property.

Article 996. [ Service] An order of conquering which has been held in an implicit meeting shall be served on the creditor, the debtor, the purchaser and the persons who, during the bidding process, have challenged the attachment-related activities as well as the liquidator who is not a debtor, the order of refusal of the attachment, to the creditor, to the debtor and to the bidder, who has offered the highest price.

Article 997. [ Complaint] The order of the court of conjugation is entitled to a grievance. The basis for the complaint shall not be such a failure to comply with the provisions of the proceedings which do not infringe the rights of the applicant.

Chapter 8

Attachment of property

Article 998. [ Postarenees] § 1. After the buyer has become acrimonious and enforceable by the purchaser of the bidding conditions or the order to determine the purchase price and to pay the entire price by the State Treasury, the court shall issue a decision on the application of the property.

§ 2. On the order of property appetites, the complaint is entitled to a complaint. The basis of the complaint must not be the misconduct prior to the immorality of the beatings.

Article 999. [ Consequences of the crop] § 1. The final decision on the attachment of property transfers property to the purchaser and is the title to the disclosure to the purchaser of ownership in the property cadavers and by the entry in the perpetual ledger or by filing the document to the collection of documents. The final decision on immovable property shall be the enforceable title to the purchaser of the property and the emptying of the premises in that property without the need for a declaration of enforceability. Article Recipe 791 shall apply mutatis mutandis.

§ 2. From the moment of the receipt of the order on the attachment of property to the purchaser, the property shall belong to the buyer. Repetitive public tributes falling from property from the date of the legitimacy of the decision on the immovable property shall be borne by the purchaser. Public-law benefits of a unique purchaser shall be borne only if their payment is due on the date on which the order is entitled to take ownership or after that date.

§ 3. (repealed)

Article 1000. [ Rights] § 1. Once the provisions on the immovable property are entitled to lapse, all rights and effects of the disclosure of personal rights and claims on immovable property shall be extinguished. The place of these rights arises from the right to be satisfied from the purchase price with the priority laid down by the rules on the distribution of the price obtained from the execution.

§ 2. They shall remain in force without deducting their value from the purchase price:

1) the rights of property on immovable property under the Act;

2) (repealed)

(3) the service of the necessary road and the service which is established in connection with the crossing of the border at the erection of a building or other device;

4) the service of transmission.

§ 3. They shall also remain in force disclosed by the entry in the register or the submission of a document to a file or not disclosed in such a way, but which are notified at the latest three days before the date of auction, use, service and life of a service, if they shall have priority over all mortgages or if the property is not mortgagered or if the value of use, service and life of life is fully covered by the purchase price. However, in the event of the last value of these rights, it will be included in the purchase price

§ 4. The provisions of paragraph 1 shall not apply in respect of the tenants of immovable property and property rights of cooperative societies. These rights, when the provisions on the adoption of the property are entitled, shall be converted into the right of rental, either in the right of separate property or in the property of a single-family house, respectively.

Article 1001. [ Grouse of land] At the request of the owner of the real-estate property, reported at the latest three days before the auction deadline, the court may order that the land service, which does not find the full coverage in the purchase price, will be maintained in force if it is for The real estate is necessary and does not materially incriminate the value of the real estate.

Article 1002. [ Lease and Leases] Once the provisions on the attaining of the property are eligible, the purchaser shall enter into the rights and obligations of the debtor arising from the ratio of rental and lease pursuant to the provisions of the law applicable to those relations in the event of the divestment of the hiring-out or leased. Where the rental contract or lease of immovable property has been concluded for a period of more than two years, the purchaser may terminate the contract within one month of the decision to grant the property, in accordance with the annual provisions of the decision, the period of notice, unless the contract provides for a shorter period, even if the contract is concluded with the written form and with a certain date, and the benefit of the tenant or lessee is issued.

Article 1003. [ Deletion of rights and mortgages] § 1. The final decision on the allocation of property, together with the plan for the distribution of the sum obtained from the execution of the execution, shall be the title to be deleted in the perpetual ledger or in a set of documents of any rights which, according to the plan of division, have expired.

§ 2. On the basis of the order of immovable property itself, all mortgage-based mortgages shall be deleted if the order has been found to have been paid by the purchaser of the entire purchase price in cash.

Chapter 9

Execution from fractional part of real estate and perpetual usualment

Article 1004. [ Application of the law on property enforcement] For execution from a fractional part of the property, as well as for execution of perpetual usualance, the law enforcement regulations shall be applied mutatis mutandis with the provisions of the following.

Article 1005. [ Notice] The company also informs the other co-owners about the use of fractional part of the property and the owner of the property as well as the competent authority of the governmental administration or the competent municipality about the occupation of the perpetual usualor.

Article 1006. [ perpetual use] § 1. If the subject of execution is perpetual use, the seizure includes the use of perpetual land, and the building which is the property of the perpetual user with the necessary receivables, namely:

1. movable property, owned by a perpetual user, and required for the use of the object of perpetual usuem in accordance with its intended purpose, if they are subject to that purpose in a factual relationship, corresponding to that purpose, and the property of the building which is the property of the perpetual user;

2) the rights arising from contracts of insurance of subjects subject to seizing, the theft of receivables from those contracts already incidental.

§ 2. The concept also covers the items mentioned in paragraph 1 of the preceding paragraph and subsequently erected structures and planted plants, as well as the rights of insurance contracts subsequently concluded.

Article 1007. [ Fractional board] When the subject matter of the board is a fractional part of the property, the manager acts only within the limits of the debtor's powers as co-owner.

Art. 1008. [ Suspension and remission of proceedings] Where the enforcement is carried out in perpetual use, the proceedings shall be suspended where the competent authority has requested the termination of the contract of perpetual usuup. Execution may be taken at the request of the creditor, if the court ruled that there are no grounds for termination of the perpetual usuup contract. In the case of termination of the contract of perpetual usuallure, the bailider shall execute the enforcement proceedings.

Article 1009. [ Description and Estimate] In the event of a referral to a fractional part of the property, the entire property shall be described and estimated. The sum of the estimate of such a part is the appropriate portion of the sum of the total property

Article 1010. [ Record in protocol] If the subject of enforcement is perpetual use, the protocol shall mention the final date of the perpetual usuup and the perpetual use of the land by the perpetual user in the book.

Article 1011. [ perpetual use] If the subject of enforcement is perpetual use, the decision to grant this right shall be without prejudice to the limited rights of property arising from the property prior to the perpetual use of the perpetual use.

Article 1012. [ Fractional part of the property] If the subject of sale is a fractional part of the property, they shall remain in force without deducting their value from the price of acquisition of the burden of that fraction of the property disclosed by the entry in the perpetual book or submission of the document to the harvest, and not disclosed in this way, but notified at the latest three days before the date of the auction, if they were established before the formation of joint ownership.

Article 1013. [ Hypothesis] The decision to give property to a fractional part of the property shall not affect the mortgages of the immovable property entered prior to the formation of the joint-ownership.

SECTION VIa

Simplified execution of immovable property

Article 1013 1 . [ Application of department provisions] § 1. The provisions of this chapter apply to the execution of unbuilt land property and immovable property of a residential or utility building, if at the time of application for the initiation of execution no notification of the completion of the construction or the application for authorisation for use within the meaning of the provisions of the construction law has not been requested.

§ 2. The provisions of the chapter of this chapter also apply to the part of the property sold for sale in art mode. 946, if the part is separated by the immovable property mentioned in § 1.

§ 3. The provisions of the preceding section shall apply mutatis mutandis in matters not regulated in this chapter.

Article 1013 2 . [ Description and estimation of real estate] § 1. The bainiff at the request of the creditor immediately after the seizing shall make a description and estimate of the property on the basis of the value specified by the expert. Article Recipe 948 § 1 shall apply mutatis mutandis.

§ 2. By making classes, the bailicle, as far as possible, will secure the building or premises before the debtor or third party can be placed under the rule. If necessary, the bailey will establish the supervision of the building or the premises. The caretaker may also be a creditor. Accordingly, the provisions on the supervision of movable property shall apply to the supervision.

§ 3. If, in the course of the description, the property does not comply with the requirements laid down in the Article 1013 1 Further enforcement proceedings shall be in accordance with the provisions of the preceding section.

Article 1013 3 . [ Sale from free hand] § 1. If an unbuilt land property is occupied which is not charged to third parties, the bailiers will offer it for sale from the free hand at a price not lower than the estimate value. If the parties have not defined the buyer's search mode, the court shall determine that mode of search.

§ 2. The sale will take place two weeks after the date of the description and the estimate. The sales of the baitler shall be notified to the participants pursuant to Article 4. 954.

§ 3. If the sale from the free hand does not occur within a month from the date of completion of the description and the estimate, the sale of the property shall take place in art mode 1013 6 .

Article 1013 4 . [ Disposal of other properties] Article Recipe 1013 3 shall apply mutatis mutandis to the disposal of other properties to which the provisions of this chapter apply, where the assessment of the immovable property has not been challenged by the debtor. With the agreement of the debtor, the sale from the free hand may also occur in other cases; however, the debtor may determine the minimum price and designate the buyer.

Article 1013 5 . [ Protocol] § 1. In carrying out the sales activities referred to in the preceding provisions, the baitman will draw up a protocol in which he will exchange the name of the person accepting the acquisition of the property, and the entire purchase price paid by it; after which it shall immediately submit a protocol together with the court records.

§ 2. On the basis of the protocol of the bailicle referred to in § 1, and on the basis of the file of the case, the court shall issue a decision on the attachment of property which transfers property to the purchaser. It shall serve as a basis for a complaint only to the debtor and only if the minimum price has been infringed.

§ 3. In the event of a finding of an infringement of the provisions on the estimate and the price of the minimum sale, the court shall refuse to assign the property and return the file to the bailits, who shall redo the proceedings under the provisions of this chapter.

§ 4. If it is found that the property is not sold according to the provisions of this chapter, the court instructs the bailishman to carry out further executions in accordance with the regulations on the execution of the property.

§ 5. If the court has issued a decision ordering the resale of the sale or taking further action in accordance with the provisions on the enforcement of the property, the baitman shall immediately reimburse the tenderer the amount of the payment made by him at the purchase price.

Article 1013 6 . [ Sales by auctioning] § 1. If the sale of the property does not occur in the mode of sale from the free hand, the property is subject to sale by auction, to which the provisions on bidding in the execution of movable property are applied. The baiting time shall be notified to the participants in the proceedings pursuant to Article 4. 954.

§ 2. After payment by the purchaser of the sum, the court shall immediately issue a decision on the application of the property. Once this provision has been granted, the baitman shall draw up a plan for the distribution of the sum obtained from the execution.

CHAPTER VII

Execution of seagoing vessels

Article 1014. [ Application of the law on property enforcement] The enforcement of property enforcement provisions with the amendments referred to in the Articles below shall apply mutatis mutandis to the execution of ships entered in the Register of Ships.

Article 1015. [ Property] The execution belongs to the chamber of the court in which the district of the ship is at the time of the execution of the execution.

Article 1016. [ Annex to the proposal] The creditor shall include proof that the vessel is entered in the register for the initiation of enforcement.

Article 1017. [ Holding and dispensing] § 1. At the same time, sending the debtor the call for payment of the baitship will manage the vessel and establish the supervision.

§ 2. The ship is occupied with the moment of holding. The debtor and the owner, who is not a debtor, should also be notified of the seizing.

§ 3. The dispenser shall apply mutatis mutandis to the execution of a movable property in a caretaker.

Article 1018. [ Announcement] The notice of initiation of the execution of the bailits is posted in the court building and will be placed in a logbook in a given locality and on the website of the National Chamber of the Chamber of the Comortment.

Article 1019. [ Auction notice] The notice of auction shall be at least two weeks before the auction shall be put to the court building and shall be announced in the logbook of the locality, as well as on the website of the National Board of the Comoratory, as well as the field of field transfer. the maritime authorities competent for the port in which the vessel is located, and for the port of the ship's home to be exported in those ports.

Art. 1020. [ Property] The execution of the ship's participation belongs to the court's chamber, the district of which is the ship's home port.

Article 1021. [ Ships Not Entered in the Register of Ships] The execution of ships not entered in the ship register shall be carried out in accordance with the provisions on the execution of movable property.

Article 1022. [ Foreign ship] § 1. Execution from a foreign vessel situated in the territory of the Republic of Poland shall be carried out according to the provisions of the chapter of this chapter if the provisions of the following do not otherwise provide.

§ 2. In the application for the initiation of enforcement, the creditor shall indicate the register to which the vessel is entered, unless it is impossible or excessively difficult.

Article 1022 1 . [ Notice of Foreign Register Authority] The vessel shall also notify the foreign registry authority of the vessel's seizing.

Article 1022 2 . [ Application of provisions of the Act] If the call for payment cannot be served on the debtor, since he or she does not reside or is not established at the address indicated in the documents of the foreign vessel, the provision of art shall be made. 802 shall apply mutatis mutandis.

Article 1022 3 . [ Appointment of a Curator] In the event of death or liquidation of the debtor after the opening of the enforcement procedure, the court at the request of the creditor shall establish a probation officer for him. Article Article 819 does not apply.

Article 1022 4 . [ Description and estimation of vessel seized] The description and estimation of the seized foreign vessel without the creditor's application shall be carried out immediately after the expiry of the time limit set for the debtor to pay the debt.

CHAPTER VIII

Distribution of the sum obtained from executions

Chapter 1

General provisions

Article 1023. [ Split Plan] § 1. The enforcement authority shall draw up a plan of division between the creditors of the sum obtained from the execution of the immovable property.

§ 2. The allocation plan should also be drawn up when the sum obtained by execution from movable property, remuneration for work or claims and other property rights is not sufficient to satisfy all creditors.

Art. 1024. [ Plan Content] § 1. The allocation plan shall include:

(1) the sum which is subdivided;

2) the claims and rights of persons participating in the division;

3) the sum of each participant of the division;

4) the sums to be paid, as well as the sums that are left on the deposit account of the Minister of Finance, with an indication of the reasons justifying the withholding of their payment;

5) the rights disclosed by the entry in the perpetual book or filing of the documents to the collection which have expired due to the parting of the property.

§ 2. On the basis of recurring benefits, the current claims shall be taken into account in the plan of division if they have become due before the date of the plan. Interest and other current benefits shall be taken into account in the amount to which they have accrued to that term. This does not apply to public donations falling from real estate.

§ 3. The cash benefit in foreign currency is included in the plan of distribution by foreign currency converted into the Polish currency by the average rate announced by the National Bank of Poland from the date of drawing up the division plan.

Article 1025. [ Receivable Order Order] § 1. Of the amount obtained from the execution, the following shall be satisfied:

(1) enforcement costs;

2. maintenance receivables;

3) claims for work for the period of 3 months up to the amount of the lowest remuneration for the work specified in the separate provisions and the pension for compensation for the invocation of the illness, incapacity for work, disability or death and the costs of the ordinary funeral the debtor;

4. receivables secured by sea mortgages or privileges on a seagoing vessel;

5) receivables secured by mortgage, pledge, registered pledge and treasury, or beneficiaries of statutory primacy and rights which have been in property prior to the entry in the register of the opening of the execution or before the entry into the register of the the submission of an application for such an alert to a set of documents;

6. claims for work unsatisfied in a third order;

7) receivables, to which the provisions of Chapter III of the Act of 29 August 1997 apply. -Tax law, if they are not satisfied in fifth order;

8) (repealed)

9) the claims of the creditors who carried out the execution;

10. other claims.

§ 2. After all claims are satisfied, the fines and fines and administrative fines shall be satisfied.

§ 3. The interest and costs of the proceedings shall be equally satisfied with due regard. Priority equal to the fourth and fifth categories shall benefit all claims for collateral covered by the security under the separate provisions. Claims for non-collaterally-covered collateral shall be satisfied in the tenth category, unless the claim is subject to a category of satisfaction in the category of earlier. The same applies to claims for benefits payable to a lifetime.

§ 4. If the object of enforcement is the ownership of the housing, the claim of the housing cooperatives in respect of the unpaid construction contribution in connection with that right shall be satisfied before the due date secured by the law. hypothetically.

§ 5. The buyer's claims arising from the withdrawal from the development agreement referred to in art. 3 point 5 of the Act of 16 September 2011. on the protection of the rights of the purchaser of a dwelling or a single-family house (Dz. U. of 2016 r. items 555 and 996), or from the transformation of the claim from the development contract in the course of the restructuring or bankruptcy proceedings, shall be subject to the amenity of the amount obtained from the execution from the property on which the project is carried out developer, on the same basis as the claim from the development agreement, with the priority resulting from the disclosure in the perpetual book of the purchaser's claim from the development agreement also in the case when the entry on disclosure of this the claim has been deleted.

Article 1026. [ Satisfaction according to priority] § 1. If the sum covered by the division is not sufficient to satisfy in full all the claims and rights of the same category, the accounts receivable in the preceding article in the fourth and fifth categories shall be satisfied in the order corresponding to that of the as priority, other claims, relatively to the amount of each of them.

§ 1 1 . If the amount obtained from the execution of the cover is subject to both the mortgage-backed claims and the rights or claims on the property, the primacy between the mortgage and those rights or claims shall be settled by the moment from which the claim is made. the effects of the entry of the mortgage, the right or the claim to the perpetual book are counted.

§ 2. The sum of the creditor's sum is, first of all, the costs of the proceedings, followed by interest and, finally, on the amount of the debt.

§ 3. In the case of a combination of enforcement proceedings in respect of several immovable property of the same debtor, the sum due to the satisfaction of the higher-category receivables for the satisfaction of the mortgages on mortgages and the rights and claims which have lapsed as a result of the immovable property are subdivided into as many parts as the real estate has been the subject of proceedings, in so far as the value of the individual property has been left to the value of the whole the economic development of these properties. Mortgages, claims, and property rights are met only in that part of the sum that corresponds to the value of the real estate being chargeable. The remaining part of the sum shall be divided according to paragraph 1.

Article 1027. [ Notice, allegations] § 1. The distribution plan shall be notified to the debtor and the persons involved in the division shall be notified.

§ 2. The pleas against the plan of division shall be lodged with the enforcement authority which drew it up, within two weeks of the date of service of the notification.

§ 3. The charges brought to the baikies shall be settled by the court.

Article 1028. [ Plan Fulfillment] § 1. If the pleas have not been filed within the prescribed period, the enforcement authority shall proceed with the implementation of the plan. The statement of objections shall suspend the execution of the plan only in the part to which the allegations relate.

§ 2. As a result of the pleas in law, the court after hearing the persons concerned approves or will amend the plan accordingly. In the proceedings, the court does not recognise the dispute as to the existence of a law covered by the split plan.

§ 3. The order of the court shall be entitled to a complaint.

§ 4. The implementation of the plan in part affected by the charges shall be after the court's order has been lawfully authorized, unless it has been withheld by the security of the action in the dispute over the establishment of the non-existence of the law.

Chapter 2

Distribution of the sum obtained by execution from remuneration for work

Article 1029. [ Split Plan] § 1. On the basis of the employer's statement on the remuneration of the debtor and the inventory of the claims and the rights of the persons participating in the division, the bailiff shall draw up a plan of division, establishing the percentage of each creditor to participate in the sums of the prone every time the employer pays the debtor's salary and paid to the bailiper. If, on the basis of the statement of the employer itself, the bailinic cannot draw up a plan of division, it shall be drawn up as soon as possible after the deposit of the Minister of Finance of the sum subject to division into the account of the deposit.

§ 2. Together with the split plan, a copy of the employer's statement on the remuneration of the debtor should be served.

Art. 1030. [ Split Participants] The breakdown of the sums obtained in the manner provided for in the Article. 1029 in addition to the enforcement creditor: the creditors comprising the executive title with proof of service to the debtor of the call for payment, the creditors who have secured the action, and the creditors who are entitled to a contractual right to pay the claim a pledge and who have proved it by an official or private document with an officially certified signature, as well as the creditors who have the statutory right of pledge and who have proved it if they have made their claims at the latest on the day a deposit on the deposit account of the Minister of Finance of the amount succumbing to the scale of the division.

Art. 1031. [ Breakdown of quotas] Amounts to be enforced and deposited into the deposit account of the Minister of Finance of the bailiffs shall be divided immediately in the previously established percentage of the creditors involved in the division, unless a new distinction has to be established as a result of a change in the basis of the division percentage. The sums to be paid to the bailiers shall be paid if they are not less than 20 zlotys, unless the claim does not exceed that amount.

Article 1032. [ Deposit] § 1. The debt to a creditor which is not yet enforctable shall be left on the deposit account of the Minister of Finance.

(2) If, within a month after the distribution plan has become eligible, the non-enforceable creditor does not provide proof of the claim that the action is to be brought against him, he shall lose the right to the amount remaining in the deposit.

Chapter 3

Distribution of the sum obtained by execution from movable, receivables and other property rights

Article 1033. [ Plan, application of the provisions of the Act] § 1. The allocation plan shall be drawn up by the bailiers immediately after the deposit of the deposit of the Minister of Finance with the subdivision to the division.

§ 2. If the execution is carried out on receivables subject to the subject of the current benefit, the article shall apply mutatis mutandis. 1029 § 1 and art. 1031.

Art. 1034. [ The application of the provisions of Article 1030 and 1032] The provisions of Article 4 1030 and art. 1032 shall also apply in proceedings unregulated in the chapter hereof. The amount of the claims secured by the registered pledge shall also be placed in the division of the sum obtained from the execution if the pledger has the right to satisfy himself of the subject of enforcement, and if he has proved his right to prove the official document at the latest. the day on which the deposit was lodged on the account of the deposit of the Minister of Finance of the sum subdivided.

Chapter 4

Distribution of the sum obtained by the execution of the property

Article 1035. [ Split Plan] As soon as the provisions on the establishment of the ownership of the bailinic are concerned, the allocation plan shall be drawn up.

Article 1036. [ Split Participants] § 1. In addition to the enforcing creditor, the following shall participate:

1) the creditors comprising the executive title with proof of service to the debtor of the call for payment, if they have been notified at the latest on the day of the right of the decision on the receipt of the property of the property;

(2) creditors who have secured a claim for an action if they have been notified at the latest on the day on which the provisions on the immovable property of the property are entitled to be brought;

3) persons who prior to the occupation of the property have acquired on it the rights identified in the description and estimate or reported and proved and proved at the latest on the day of the right of arrival of the order of arrival;

4) employees as to the statement of claims for work, if they have made their claims before drawing up the plan of division.

§ 2. If the mortgage claim is not established by the executive title, the debt to the mortgage creditor shall be left in the Depositional Account of the Minister of Finance.

Article 1036 1 . [ The participants in the execution of duties which, according to the law, are subject to the mortgages ' burden] Where the enforcement also covers claims arising from contracts of insurance or of objects, claims and rights which, under the law, are subject to the mortgage, the creditor whose claim has been placed on those contracts shall also be broken down. movable property, claims or rights secured by a registered pledge.

Art. 1037. [ Deduction of receivables] § 1. If, when drawing up the distribution plan, it is found that the purchaser, by paying the price, has deducted the claim which does not fit in it, the court will, at the request of the bailicle, require the purchaser to make up the price within a week. The order of the court shall be entitled to a complaint.

§ 2. In the split plan, the bailititer lists the persons for whom the sum of the buyer is for the sum of the persons. In that part, the plan of division constitutes an enforceable title against the purchaser.

§ 3. A creditor who has been assigned a claim against a buyer acquires the right of a mortgage on the property sold by virtue of the law itself. The disclosure of the mortgage in the perpetual book or set of documents shall be made at the request of the creditor.

Article 1038. [ Cautionary Mortgage] § 1. If the mortgage is not depleted and can still serve to secure the creditor, the rest of the sum will remain on the Depositional Account of the Minister of Finance until the legal relationship justifies the use of the mortgage.

§ 2. In the case of a mortgage securing several claims, where the total amount of the claim exceeds the amount mentioned in the provision of the mortgage, and the creditor did not indicate the date of entitlement to the transfer of property, which of the receivables And in what amount are to be satisfied, all claims shall be met in proportion to their amount.

Article 1039. [ Total Security] If the claim is secured on several immovable property, the creditor shall, prior to the entitlement to the application, make a statement of the property or, at what level, request the satisfaction of any of the products sold. property. If, in the above period, it does not, and a split is to be the sum obtained from only one property, the claim will be accepted for the settlement of the whole; if the division is subject to the sum of the sales received from several the immovable property to be credited shall, for a total claim secured by any of the sums subject to division, the proportion which corresponds to the ratio of the remaining amount after having been satisfied with a higher priority over the total sum of those amounts.

Article 1040. [ Deposit] § 1. The sum allocated to the satisfaction of the claim, the payment of which is dependent on the condition precedent or the result of the dispute in which the creditor is secured by the action shall be left on the deposit account of the Minister of Finance.

§ 2. The sum allocated for settlement of receivables dependent on the solver condition will be issued to the creditor without security. However, if the obligation to secure the return of the pregnancy to the creditor by virtue of the existing between it and the debtor of the legal relationship, the bailitist of the Management Board shall submit a separate sum to the Depository Account of the Minister of Finance.

Article 1040 1 . [ Executing Split Plan] The split plan performs the comorator.

TITLE III

Specific provisions on enforcement

SECTION I

Execution of non-cash benefits

Article 1041. [ Takeover of things] § 1. If the debtor is to issue a movable creditor, the bailiers of the court in which the district is located shall take away the debtor and issue the creditor.

§ 2. If, due to the type of thing, the immediate physical taking of it is not possible, the baitler will introduce the creditor in possession of things in accordance with the provisions of civil law.

Article 1042. [ Release incapacity] If the debtor is unable to give the creditor immediately to the creditor, the bailiff shall deposit it with a court deposit or repay it at the expense and risk of the creditor.

Article 1043. [ Third party] If the debtor is in the possession of a third party who does not agree to the issue of the debtor, the debtor shall take the debtor's claim for the issue of the item.

Article 1044. [ Receipt of things] If the creditor demands that the taking of things be held in his presence, the baitiff shall notify him of the date of receipt, and in the event of failure of the creditor not to proceed to the execution.

Art. 1045. [ Exodus] If the bailiff has not found the debtor of the item or document to be received, the court at the request of the creditor shall order the debtor to reveal where they are located, and to make the pledge that his statements are truthful. The provisions on the pledge for the valuation of assets shall apply mutatis mutandis.

Article 1046. [ Release] § 1. If the debtor is to issue the immovable property or the vessel or to empty the room, the bailiers of the court in whose district the goods are located shall call on the debtor to perform this obligation voluntarily within the period prescribed pursuant to the circumstances, after which the debtor shall be entitled to exercise his or her own right to do so The actions needed to place the creditor in possession of the creditor will not be effective.

§ 2. (repealed)

§ 3. (repealed)

§ 4. In carrying out an obligation to empty the premises to satisfy the housing needs of the debtor on the basis of an enforceable title, which does not result in the debtor's right to a social or replacement place, the bailider shall remove the debtor from the debtor or the debtor at another premises or the premises to which the debtor has a legal title and in which he/she may reside. If the debtor is not entitled to a legal title to another premises or to the room in which he or she may reside, the bailiger shall refrain from carrying out the task until the competent municipality is due to the place of the emptying of the place of emptying, on the the application of the comorator shall indicate to the debtor the temporary room, however, not longer than for a period of 6 months. At the end of that period, the baiting shall be removed from the debtor to the accommodation facility, the shelter or any other facility providing accommodation for the accommodation indicated by the municipality due to the location of the accommodation subject to emptying. By removing the debtor for accommodation, the shelter or any other facility providing accommodation, the baik will notify the competent municipality of the need to provide the debtor with the temporary accommodation.

§ 4 1 . (repealed)

§ 5. A baiting shall not be withheld if the creditor or debtor or a third party indicates a room corresponding to the requirements of the temporary space.

§ 5 1 . If the debtor is not entitled to a temporary accommodation, the bairer shall remove the debtor for accommodation, the shelter or any other facility providing accommodation, indicated at the request of the baikhouse by the municipality, due to the place where the debtor is located. the location of the accommodation subject to emptying.

§ 6. (repealed)

§ 7. (repealed)

§ 8. (repealed)

§ 9. When carrying out an execution, the bailinic will remove the movable property which is not the subject of execution and shall give it to the debtor, and in the event of his absence he will leave the adult from among his/her household members, if and not possible, he will establish the caretaker, instructing him of the the obligations and the rights of the caretaker established by the seizure of movable property, and shall give him the removed movable property for storage at the expense of the debtor.

§ 10. If, at the request of the caretaker debtor within the prescribed period, not less than 30 days, he/she will not receive the movable property, the court will, at the request of the caretaker and after hearing the debtor, order the debtor to sell them and, if the movable property does not represent the commercial value or the sale proves have been ineffective, the court will point out another way of the regulation thing, without excluding their destruction.

§ 11. The Minister of Justice shall determine by way of regulation a detailed procedure for dealing with the emptying of premises, or of premises or for the issue of immovable property with a view to protecting against the homelessness of persons evicted and expulsion carrying out executions.

Article 1047. [ Statement of will] § 1. If the debtor is required to submit a flagged declaration of will, the final judgment of the court obliging to make a statement replaces the debtor's statement.

§ 2. If the submission of a declaration of intent is subject to the provision of a mutual creditor, the effect specified in the preceding paragraph shall only be incurred as soon as the declaration of enforceability has been lodged with the decision.

Art. 1048. [ Disclosure of rights] If disclosure on the basis of a judicial decision of the creditor by an entry in the perpetual book or in the register or by filing a document to a file requires the prior disclosure of the debtor's right, the bailiff at the request of the creditor shall receive the debtor documents needed to enter an alert for the debtor or submit to the file and submit them in a court competent to hold a register, a register or a set of documents.

Article 1049. [ Execution by creditor] § 1. If, in the title of enforcement, it has not been decided that, in the event of a failure by the debtor within the prescribed period of the action which another person may carry out, the creditor will be empowered to carry out that activity at the expense of the debtor-the court in which the debtor is entitled to exercise the right to act as a debtor of the district, the task is to be executed, at the request of the creditor, the debtor will call upon the debtor to execute it within the prescribed time limit, and after the expiry of the time limit, he will give the creditor the authority to carry out the task at the expense of the debtor. At the request of the creditor, the court will give him the sum needed to carry out the task. The order of the court shall be entitled to a complaint.

§ 2. of the provisions of this Article shall not apply to the activities of the attestation of things marked as to identity.

Art. 1050. [ Term] § 1. If the debtor is to perform a task which the other person does not have to perform for him, and whose performance depends solely on his will, the court in whose district the action is to be executed, at the request of the creditor after hearing the parties will appoint the debtor the term to the execution and threaten the fine in the event that the action does not take place within the prescribed period.

§ 2. If the execution of a task requires the expenses of money or the supply of materials, and the obligation to deliver their pregnancy to the creditor, the court will proceed to the execution in accordance with the preceding paragraph only after the creditor has been shown that he has made acts on which the debtor's obligation depends, unless the enforcement title contains a different order in that respect.

§ 3. After the expiry of the time limit for the debtor to perform the action, the court will, at the request of the creditor, impose a fine on the debtor and, at the same time, appoint a new time limit for the performance of the action, with a threat of a more severe fine.

Article 1050 1 . [ Threat of a payment order to the creditor of a specified sum of money for each day of delay] § 1. In the situation referred to in art. 1050 § 1, the court, at the request of the creditor, may, instead of the threat of a fine, after hearing the parties, threaten the debtor to order payment to the creditor of the specified sum of money for each day of delay in performance of the action, irrespective of claims the creditors ' rights on a general basis. Article Recipe 1050 § 2 shall apply mutatis mutandis.

§ 2. After the unsuccessfully expiry of the period of the appointed debtor to perform the action, the court at the request of the creditor orders the debtor to payment to the creditor of the sum of money. The court will do so in the event of a further application of the creditor. The final decision of the court shall be the enforceable title for the creditor without the need to give him a declaration of enforceability. The court may also, at the request of the creditor, increase the amount due to him from the debtor's monetary amount.

§ 3. In the event of a debtor's performance after the expiry of the period prescribed by the court, the creditor may request that the debtor be ordered to pay the sum of money to his/her behalf within one month from the date of the action.

§ 4. In determining the amount of money referred to in § 1, the court will take into account the interests of the parties in such a way as to ensure the enforceability of the obligation laid down in the executive title and the debtor shall not charge beyond the need.

Article 1051. [ Abandon actions] § 1. If the debtor is obliged to refrain from certain activity or do not disturb the creditor's action, the court in which the debtor's district acted against its obligations, at the request of the creditor after hearing the parties and stating that the debtor was acting against the debtor, It is a duty to impose a fine on it. The court will do so in the event of a further application of the creditor.

§ 2. In addition, the court may, at the request of the creditor, oblige the debtor to secure the damage, threatening the creditor as a result of further action of the debtor against the obligation. In the order of order, the court may indicate the amount and duration of the security.

§ 3. If, in the case of the enforcement title itself, it has not been decided that, in the event of a change contrary to the obligation of the debtor, the creditor will be entitled to remove that change at the expense of the debtor, the court at the request of the creditor after hearing the parties entitled the creditor to remove this change at the expense of the debtor. At the request of the creditor, the court will give him the sum of the purpose needed. In the event of a debtor's resistance, the court at the request of the creditor will instruct the bairer to remove the resistance

Article 1051 1 . [ Order for payment to the creditor of the specified amount of money for the infringement made] § 1. In the situation referred to in art. 1051 § 1, the court, at the request of the creditor, after hearing the parties and stating that the debtor was acting against the obligation, may instead order the debtor to pay to the creditor the specified amount of money for the infringement, and to threaten to order the payment of a specific sum of money for each subsequent breach of the obligation, in accordance with its contents, irrespective of the claims held by the creditor on a general basis.

§ 2. When it is established that the debtor has continued to act against the obligation, the court, at the request of the creditor, after hearing the parties, instructs the debtor to pay the creditor the amount of money. The court will do so in the event of a further application of the creditor.

§ 3. The provisions of Article 4 1050 1 § 2 third and fourth sentences, art. 1050 1 § 4 and Art. 1051 (2) and (3) shall apply mutatis mutandis.

Art. 1052. [ Grzywna] In one order, the court may measure a fine of not more than ten thousand zlotys, unless the doubling of the fine turned out to be ineffective. The total sum of fines in the same case may not exceed one million zlotys. If the debtor or the waiver of the procedure is carried out, the fines not paid until that time shall be remitted.

Article 1053. [ Replacement of a fine for arrest] § 1. In the case of a fine, the court shall at the same time rule, in the event of failure to pay, a replacement of a fine on remand, counting one day of detention from fifty to a thousand five hundred gold. The general duration of the detention shall not exceed 6 months on the same subject.

§ 2. If the debtor to whom the request of the court is addressed is a legal person or other organisation, the means of coercion shall be subject to its staff member responsible for failure to comply with the summons, and if the determination of such employee was obstructed, the coercive measures are subject to the persons authorised to represent them.

Art. 1054. [ Readiness of action] § 1. If the enforcement proceedings are surrendered or the debtor, as a result of the arrest, is willing to carry out the action, the court will decide to release it without delay and shall notify the creditor thereof. The debtor who has indicated the willingness to perform the action shall, according to the circumstances, set a time limit for the execution of the action.

§ 2. If the debtor after the release of the action, the court at the request of the creditor after hearing the parties, after hearing the parties, shall execute the arrest until the end of the period prescribed previously.

§ 3. If the debtor has filed again for the performance of the action, the court may refuse to release him from custody before the expiry of the marked time.

Art. 1055. [ Complaint] The order of the court as to the request of the debtor to perform the action, the threat of the fine and its conversion into custody, as to the security of the damage to the creditor and to the provisions referred to in art. 1050 1 § 1-3 and Art. 1051 1 Paragraphs 1 and 2 shall be entitled to a complaint.

Article 1056. [ Arrest] § 1. The arrest shall be carried out by embedding the debtor in the room for that purpose, separately from persons deprived of liberty in criminal and administrative procedures. The debtor should, however, be in custody at the time of his stay in custody within the limits of his/her capacity. His earnings cover primarily the cost of carrying out the arrest.

§ 2. The command of the debtor in custody of the debtor shall be referred to the debtor of the debtor's whereabouts. If the debtor is not in the district of the court which has measured the fine with the exchange of the arrest, the court may request the enforcement of the detention order to the district court in which the district debtor is staying.

§ 3. The costs of carrying out the arrest should be covered by the earnings of the debtor. The creditor is obliged to place on the top of the chamber the sum needed to bring the debtor to the place of deposit and to feed him for the duration of the coercion; this does not apply when the creditor benefits from the court costs exemption.

Article 1057. [ Warrant] § 1. By managing the execution of a detention order, the court shall issue the order in writing to the bainitor with the appropriate justification. With the execution of the order, the bairer shall be served by the debtor.

§ 2. For the execution of an arrest in relation to a debtor who is a soldier in active military service or a police officer, Government Security Bureau, Internal Security Agency, Intelligence Agency, Central Anti-Corruption Bureau or Border Guard the court shall request the commander of the military unit or, as appropriate, to the competent commander or head of the Police Department, the Government Security Office, the Internal Security Agency, the Intelligence Agency, the Central Anti-Corruption Bureau, or The Border Guard, in which he is in service, by sending a warrant for that purpose. Custody of a debtor who is a professional soldier appointed for a position in the Service of Military Counterintelligence or Military Intelligence Service or an officer of the Military Counterintelligence Service or of the Service. The Military Intelligence Tribunal shall request the Head of the Military Contrintelligence Service or the Head of the Military Intelligence Service, respectively, by sending a warrant for that purpose.

Article 1058. [ Prohibition of arrest] § 1. In relation to persons whose health may be at risk, the detention shall not be carried out until they are recovered.

§ 2. At the request of one of the parties and at its expense, it is managed to investigate the health condition of the debtor by a medical practitioner.

Article 1059. [ Release] For an important reason, the court may relieve the debtor from custody for a period of not more than a week.

SECTION II

Special provisions on executions involving the Treasury and entrepreneurs

Chapter 1

General provisions

Art. 1060. [ Execution with Treasury] § 1. If the debtor is a State Treasury, the creditor-indicating the title of enforcement-calls for the provision of a direct State organisational unit to be carried out, the activity of which is to be carried out; this entity is required to fulfil the obligation to fulfil the obligation to do so. the statement of enforcement as recorded immediately.

§ 1 1 . In matters of rectification of the damage caused by the issuance of the Act, of the Regulation of the Council of Ministers or of the regulation of another body constitutionally to that established, incompatible with the Constitution, ratified by an international agreement or by law, and also in the case to make good the damage caused by the failure to issue such a normative act, whose obligation to issue provides for a provision of law, the creditor-indicating the title of enforcement-calls for the provision of the direct provision of the minister competent for the Treasury The State which is required to comply with the statement of assurance immediately as an enforcetable, from the appropriations created under the budget of the State of the Customs Reserve.

§ 2. Where an enforcement order, including a cash charge, is not executed within two weeks of the date of service of the notice referred to in paragraph 1, the creditor may ask the court to give the title an enforceable declaration of enforceability in order to the execution of the execution from the bank account of the debtor's competent national business unit. In the case referred to in § 1 1 , the execution is carried out from bank accounts serving to serve the central account of the current state budget.

§ 3. If, within the period referred to in the preceding paragraph, an enforcement title involving a non-cash benefit is not executed, the court shall, at the request of the creditor, set a time limit for the performance of the benefit to the manager of the state concerned. the business unit and the manager of the measure will pay a fine in the event of failure to perform the benefit within the prescribed time limit.

Article 1061. [ Company, agricultural holding] § 1. A debtor who is engaged in an economic activity in the form of an undertaking or an agricultural holding, in the event that the execution is directed to the things necessary for carrying out that activity, may apply to the court to exclude that thing from the class, indicating in the application the elements of his property, from which it is possible to satisfy the creditor's claim in exchange for the benefit released. The court will rule after hearing the parties, taking account of the interests of the creditor and of the debtor as well as the socio-economic importance of the debtor's economic activity, as well as the interests of the debtor. On the issue of the order exempting from the seizure, the effects of the seizure shall be followed in relation to the replacement property referred to in the order. The baiting shall be carried out immediately by the baitler. An application for an exemption from classes may also be reported in the complaint on the activities of the bailig.

§ 2. The order of the court on the exemption shall serve the purpose of complaint.

Article 1062. (repealed)

Article 1063. [ Release with hand] In the course of the execution of cash benefits from the property, the State Treasury does not submit to the warranty.

Art. 1064. [ Delegation] The Minister of Justice will determine, by way of regulation, the method of carrying out the execution of fines and fines ordered in civil proceedings, as well as court costs in civil matters, entitled to the Treasury, bearing in mind the efficiency and effectiveness of enforcement proceedings.

Chapter 2

Enforcement by the Board of Forced

Article 1064 1 . [ Forced Board] § 1. A debtor who is engaged in an economic activity in the form of an undertaking or an agricultural holding shall be permitted to be executed on the basis of the income deriving from that activity by the establishment of a compulsory administration over the undertaking, or the agricultural holding.

§ 2. The Management Board established on the basis of § 1 shall apply accordingly the provisions on the Management Board in the course of the execution of the property, taking into account the articles below.

Article 1064 2 . [ Proposal] § 1. The request for enforcement by the compulsory administration must be determined precisely by the undertaking or the agricultural holding or part thereof.

§ 2. The application shall be accompanied by the information of the bailicle of all enforcement proceedings conducted against the debtor from the property forming part of the undertaking or the agricultural holding.

Article 1064 3 . [ Recognition of the proposal] § 1. An application for the initiation of enforcement by the Board of Forced Court shall be recognised by the court in an implicit meeting.

§ 2. The application shall also be served by the creditors which are indicated in the application by the enforcement of property which is part of the undertaking or of the agricultural holding.

§ 3. The order of the court shall be entitled to a complaint to the parties and to the creditors who carry out the execution of the property which is part of the undertaking or the agricultural holding.

§ 4. The time limit for the lodging of a complaint by the creditors referred to in paragraph 3, which is not indicated in the application, shall be counted from the day on which they took the notice of the initiation of the execution.

Article 1064 4 . [ Court Property] The court in whose district the seat of the undertaking or the agricultural holding is located shall be competent to carry out the enforcement of the enforcement by the compulsory administration. If the agricultural holding is located in a circle of several courts, the selection belongs to the creditor. If the enforcement is limited to the part of the undertaking or the agricultural holding, the court in which the district is situated shall be competent.

Article 1064 5 . [ Limitation of execution] Enforcement by a compulsory administration may be limited to a part of an undertaking or an agricultural holding where that part is economically isolated and the income from the compulsory management of that part of the debtor's property is sufficient to satisfy the obligation to do so. enforced claims.

Article 1064 6 . [ Carrying out of execution of cash benefits] § 1. Carrying out of execution of cash benefits, including administrative executions from the components of property forming part of an undertaking or a holding of an agricultural debtor, shall not prevent the initiation of enforcement by the compulsory administration, if so requested by the creditor so far, or, at the time of the enforcement by the compulsory administrative board, that the creditor of the execution will be executed by the enforcement board in the course of the execution of the six months. months from the date of its initiation.

§ 2. In the event of the initiation of enforcement by the enforcement board in the cases referred to in § 1, the previously initiated executions shall be escaped from the date of the court's decision to initiate enforcement by the compulsory administration, and the existing creditors by virtue of the the law shall enter into enforcement carried out in accordance with the provisions of this chapter.

Article 1064 7 . [ Establishment of the Management Board prior to the initiation of enforcement] If, prior to the initiation of enforcement, the management of the debtor's undertaking or holding in the framework of the security proceedings has been established, the Management Board shall be guided by these provisions after the initiation of enforcement.

Article 1064 8 . [ Application for entry] In issuing an order for the initiation of enforcement by the compulsory administrative board, the court shall send to the competent court a request for entry for an entry for the establishment of a land register for the property incorporated in the undertaking or the agricultural holding. of compulsory administration in the relevant perpetual register or of the submission of an application to a set of documents.

Article 1064 9 . [ Validity of legal acts] The legal acts of the debtor relating to the property covered by the Management Board after the execution of the execution are invalid. In order to determine the date of the legal effect of the initiation of enforcement, the provisions of Article 4 of this Chapter 910 shall apply mutatis mutandis.

Article 1064 10 . [ Landlord] § 1. The Tribunal shall appoint a natural or legal person, designated by the parties, from among the persons holding the licence of the restructuring adviser.

§ 2. In the absence of agreement between the parties, the liquidator shall appoint a court of the persons referred to in paragraph 1

§ 3. The provisions of § 1 and § 2 shall apply mutatis mutandis to the appeal or change of the liquidator.

Article 1064 11 . [ Sales] § 1. In a particularly justified case, the administrator may sell immovable property, movable property or rights in a part of a managed undertaking or a holding in excess of the scope of the ordinary management board, and give it back to the rental or lease of the property. with the agreement of the court only If the sale is ordered, the court shall determine the terms of sale. The court may appoint an expert for the valuation of the assets sold. This provision shall also apply to the termination of the lease or lease agreement and to the mortgages, pledge, registered pledge and misappropriation of the mortgages administered.

§ 2. In order to order the court on the activities referred to in paragraph 1, the parties, the liquidators and persons whose rights are affected or affected shall be entitled to a complaint.

§ 3. Revenue surplus, after coverage of the expenditure indicated in Article 940, the manager pays out to the creditor. In the event of a multiplist of creditors, the payment shall be subject to the applicable general provisions on the distribution of the sum obtained from the execution and the provisions on the distribution of the sum obtained from the execution of the immovable property. The amount of the unpaid liquidator shall be placed on the deposit account of the Minister of Finance.

Article 1064 12 . [ Prohibition of executions by other means] § 1. After the enforcement of the enforcement by the Board of enforcement, the enforcement of cash benefits by other means of the debtor's assets forming part of the undertaking or the holding of the agricultural holding is not acceptable. Other creditors may join the enforcement by forced administration. This provision shall apply mutatis mutandis in the event of subsequent referral against the debtor of administrative enforcement. In that case, art. 773 does not apply.

§ 2. If the proceeds obtained from executions by the compulsory management indicate that it is impossible to satisfy all creditors within a period of six months, counting from the day of the attachment to the execution of the last creditor, the creditor, who in this the period will not be satisfied, it may request the initiation of enforcement from the elements of property forming part of an undertaking or an agricultural holding which is subject to compulsory management. In the request, mark the property from which the execution is to be conducted. The decision of the court to allow enforcement shall be entitled to a complaint.

§ 3. The execution of enforcement by the compulsory administration shall not prevent the debtor from executing non-cash benefits and executions in order to remove the ownership of immovable property by way of public sale. If the debtor is obliged to issue a movable, ship or property or to empty the premises which are in the management of the liquidator in the course of those executions, those obligations shall be on the manager.

§ 4. The exclusion of property for separate executions in accordance with the provisions of § 1-3 does not include the continued execution of enforcement by the compulsory administrative board, unless the scope of the exemption is pointless for the purposes of the exemption. In such a case, the court shall execute the enforcement by the compulsory administration. Creditors who have been executed by a compulsory administration may, within two weeks of the date on which the order for the enforcement of that execution be waived, request the execution of the execution of the property which was covered by that execution and which has not been It has been previously disabled. Until then, this property shall be subject to a seizing power.

Article 1064 13 . [ Split Plan] § 1. The liquidator shall draw up a plan for allocating the sum obtained from the execution.

§ 2. On the plan for the distribution of the sum obtained from execution, the application shall be entitled to the application to which the provisions on the application for the operation of the bailinic are applied accordingly.

§ 3. The general provisions on the distribution of the sum obtained from the enforcement and the provisions on the distribution of the sum obtained from the execution of the property shall apply mutatis mutandis.

Chapter 3

Execution by sale of an undertaking or of an agricultural holding

Article 1064 14 . [ Enforcement by sale of an enterprise or of an agricultural holding] § 1. The execution by the sale of an undertaking or an agricultural holding shall be that of the court in which the district of the debtor or the debtor has an agricultural holding is situated.

§ 2. In order to be executed by the sale of an undertaking or an agricultural holding of the debtor, the provisions on the execution of the property shall be applied mutatis mutandis where the provisions of this Chapter do not provide otherwise.

Article 1064 15 . [ Initiation of the initiation of execution] § 1. In issuing an order to initiate the execution of the execution, the court shall establish a compulsory administration over the undertak