RELEASE OF PROPERTY – SELECTED ISSUES

• Main Author: Ziemowit Bielak
• Format: Article
• Language: English
• Published: Bielsko-Biała School of Finance and Law 2016-04-01
• Series: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
• Subjects: enforcement; release; enforceable title
• Online Access: http://asej.eu/gicid/01.3001.0012.2900

The issue mentioned in the title of this paper embraces a number of questions referring to the scope of powers of a court bailiff, levying execution on the basis of an enforceable title that pledges a debtor to release the property, including admissibility of the enforcement proceedings regarding a release of a property which covers the housing needs of the debtor against persons other than those indicated in the enforceable title. This paper advocates the possibility of enforcement proceedings regarding vacating rooms of persons and items on the basis of an enforceable title, which obligates to release the property, equally refusing the creditor a possibility of enforcement proceedings “erga omnes”. The author appeals to interpret the provisions in close connection with a just interest of the creditor and a necessary protection of the debtor.