Admissibility of seizure of movable property in court enforcement

Abstract

This article presents the issue of the admissibility of seizure of movable property in court enforcement. The analysis of the issue in question was made not only in the light of the current legal situation, i.e. the state resulting from the changes introduced by the Act of 22 March 2018 on Court Bailiffs, but also taking into account the comments relating to the previously binding procedural regulations. The purpose of this amendment is to increase the protection of non-debtors by replacing the costly and time-consuming process to exempt things from enforcement under Art. 841 of the Code of Civil Procedure with the necessity to withdraw from the seizure. However, these are not the only changes in the area of legal regulation of seizures aimed at increasing the protection of third parties. The changes motivated in such a way also included the legal regulation of the measures available to a third party in the event of seizure of movable property owned by it. This issue has also been analyzed in this study.