Egzekucja sądowa z kilku nieruchomości dłużnika stanowiących całość gospodarczą

ABSTRACT

Court Enforcement Against Several Real Properties of a Debtor that Constitute an Economic Whole

dr hab. Andrzej Jarocha, professor at the Adam Mickiewicz University in Poznań, Department of Civil Procedure, Faculty of Law and Administration, Adam Mickiewicz University in Poznań

Specific rules, relevant only for enforcement proceedings, are applied in enforcement proceedings, such as the rule of applying enforcement measures that are least onerous for a debtor, while ensuring protection of creditor’s rights (so-called principle of relativity). The compliance with this rule in the practice of enforcement proceedings results in the necessity to look for the maximum efficiency of enforcement by its execution in such a manner, for example, that optimum effects are obtained in enforcement against cash benefits by obtaining funds to repay a creditor and cover costs of proceedings, while keeping factual, legal and financial burdens to the minimum.

An example of adhering to the principle of relativity that is aimed at maximising the efficiency of enforcement is the combination of several enforcement proceedings that concern several real properties into single proceedings, in order to optimise effects of enforcement activities undertaken during proceedings pending separately beforehand. Achieving the objectives of combining proceedings is beneficial for the creditor, the bailiff and for the debtor as well.

The analysis focuses on the development of the concept of ‘economic whole’ of several real properties as well as on the identification of conditions for admissibility of combining proceedings pending

against several real properties developed based on regulations of the Code of Civil Proceedings. The analysis conducted in the article leads to the conclusion that if there is a combination of several proceedings, because real properties being subject to separate enforcement proceedings constitute an economic whole, the whole as well as each real property are to be described and estimated, and next, if this is not contrary to the objective of enforcement understood as the optimization of effectiveness and efficiency of enforcement and if this may lead to better results than the sales of individual real properties separately, the should be sold jointly.

 

Keywords: enforcement against real property, real property in enforcement proceedings, combination of enforcement proceedings, real properties that constitute an economic whole