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The Warsaw Voice » Law » November 8, 2002
PROCEDURE
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Order in the Courts
November 8, 2002 By R.S.    
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The main purpose behind amending the Code of Civil Procedure is to make the enforcement of court verdicts faster and more efficient, and to better secure the claims of participants in civil proceedings.

The draft, prepared by the Civil Law Codification Commission of the Ministry of Justice, has just been submitted to the Sejm. It contains over 180 propositions for changing specific regulations and for improving the first part of the code. Independent of those changes, the authors of the amendments are suggesting the modification of the code's entire composition because the location of the regulations is important as concerns their interpretation.

The security which courts could furnish to every participant in a lawsuit and in every case, would serve not only the provisional protection of the rights of concerned parties, but also the satisfaction of the claims of eligible parties. It would thEN be possible to make claims based on warranties and guarantees, and assert contractual indemnity from entrepreneurs.

It would also be a good way to make claims based on leases up to zl.20,000, and claims for the compensation of damage caused by violations of the regulations on trademarks, utility and industrial design, patents, mapping of microchips, geographical denomination, and claims resulting from the violation of copyright laws and environmental protection regulations.

This would radically speed up many civil proceedings, because if a person obliged by a decision on security acknowledged a claim, the court would be able to pass an awarding judgment at a closed session.
After the code is amended, it should be much easier to obtain security. It would only require substantiation of the existence of a claim and the legal interest in obtaining security. The range of ways of securing claims would be significantly extended, for example, by freezing bank accounts, and taking over management of the debtor's enterprise or farm.

The court's decision concerning security would be enforceable immediately, and the court would give it an ex officio enforcement clause. This does not mean that the debtor would be deprived of his rights. The security would instantly be canceled by virtue of the law if the debtor submitted a deposit in court which would suffice to satisfy the claim. Having won a lawsuit before court, the eligible party would have only one month for the enforcement. After that period, the security would no longer be valid.

The amended code would prevent debtors from hindering enforcement because it would allow for the seizure of belongings and real estate constituting the common property of spouses, on the grounds of an enforceable document issued against one of them.

As for the first part of the code, the authors of the draft suggest raising the value of the subject of litigation in cases analyzed by district courts to zl.50,000. Since civil proceedings are becoming more complicated, it has been suggested that parties should have mandatory representation by lawyers or legal advisers before the Supreme Court.
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