Oczywista niecelowość wszczęcia postępowania egzekucyjnego w przypadku zgonu dłużnika przed wszczęciem tego postępowania

Obvious Aimlessness of Initiating Enforcement Proceedings in Case of Debtor’s Death before Initiating the Proceedings For years, numerous interpretation difficulties have been caused, albeit unjustifiably, by the matter of charging a creditor with an enforcement fee in case of an obviously aimless initiation of enforcement proceedings, due to the death of a debtor before initiating such proceedings. In view, among other, of the consistency of the legal system and taking into account regulations included in the Code of Civil Proceedings with regard to the obvious unfounded lawsuit or actions that are obviously aimless as well as regulations concerning court enforcement proceedings included in the Act of 22 March 2018 on bailiffs and the Act of 28 February 2018 on bailiff costs, the determination and collection of such fees, as a duty of a bailiff, has always had a normative basis and been justified. Any doubts in this respect have been cleared by the Supreme Court, which in its Resolution of 27 January 2022 indicated that filing an enforcement application by a creditor against a deceased debtor constitutes an obviously aimless initiation of enforcement proceedings in the meaning of art. 30 of the Act of 28 February 2018 on bailiff costs. Keywords: court capacity of parties in enforcement proceedings, obvious aimlessness of initiating enforcement proceedings, enforcement fee