ALLEGED SET-OFF AS THE BASIS FOR COUNTER-EXECUTIONACTION AFTER THE AMENDMENTS ENTERED UNDER THE ACT OF THE ACT OF 4 JULY 2019 ON AMENDING THE ACT –CODE OF CIVIL PROCEEDINGS AND CERTAIN OTHER ACT (OJ of 2019, of Acts of 1969)

Abstract

This article discusses the issue of the set-off defense as the basis for an action to limit or cancel the enforceability of an enforceable title after amendments as provided for pursuant to the Act of 4 July 2019 amending the Act – Code of Civil Procedure and some other acts. The purpose of the article is to indicate the basic interpretative issues emerging from the regulations contained in the Article 840 § 1 item 2 of the Code of Civil Procedure which are likely to pose major problems in its practical application and to offer some reasoned proposals for their solution in a manner consistent with theoretical assumptions and at the same time as useful as possible for judicial practice in the civil proceedings.