Published: 2023-07-10

Proceedings by writ of payment on the grounds of a consumer promissory note: Critical remarks on Art. 485 § 2 of the Polish Code of Civil Procedure following the 2021 amendment

Bartłomiej Krupowicz
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2023.23.2.08

Abstract

Polish civil proceedings by writ of payment on the grounds of a promissory note used to be treated as a simple way to secure payment on the grounds of the note and were usually a useful, effective and fast instrument helping creditors to secure a claim and achieve effective legal protection. Unfortunately, the latest amendment of Art. 485 § 2 of the Polish Civil Procedure Code has introduced changes and promissory note proceedings are no longer available to a consumer (as understood under Directive 93/13/EEC) if he is taken to court by a business professional. Moreover, the 2021 amendment has raised many procedural and material doubts to which there are no easy answers. This article takes a critical view of the amendment but also tries to find the right interpretation of the new regulations.

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Citation rules

Krupowicz, B. (2023). Proceedings by writ of payment on the grounds of a consumer promissory note: Critical remarks on Art. 485 § 2 of the Polish Code of Civil Procedure following the 2021 amendment. Zeszyty Prawnicze, 23(2), 161–196. https://doi.org/10.21697/zp.2023.23.2.08

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