Ewolucja zakresu ograniczeń egzekucji sądowej a cel postępowania egzekucyjnego

This study is devoted to the analysis of mutual relations between the evolution of the scope of limitations (restrictions) of judicial enforcement and the purpose of the enforcement proceedings. A closer look at the concept, nature and purpose of judicial enforcement restrictions allows to assume that these limitations should provide the debtor with minimum standards of protection against excessiveness of enforcement, balancing the position of the parties of the enforcement proceedings. It is important that a balance between the protection of the debtor and the protection of the creditor’s legitimate right to obtain satisfaction of his claims, is achieved and maintained. Assessment of the evolution of the scope of limitations (restrictions) of judicial enforcement from this perspective allows to conclude that in case of some enforcement restrictions, one may disagree with the justification of the limitation itself or its scope. In both cases, these restrictions go beyond the traditionally and generally accepted purposes for which they should be introduced, introducing unjustified advantages for debtors. Such restrictions therefore tip the scales of enforcement in favour of the debtor, which is in clear opposition to the purpose of the enforcement proceedings, and thus leaves creditors without proper protection. Keywords: enforcement proceedings, enforcement, limitations (restrictions) of judicial enforcement, debtor’s protection, unjustified advantages for debtors