Distraint upon cash located on the deposite court bank account. A gloss to the sentence of the Court of Appeal in Poznan of the 14 may 2008, File Reference no. I ACa 345/08
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2016, Vol 8, Issue 1
Abstract
This gloss refers to the sentence of the Court of Appeal in Poznan of the 14 may 2008, file reference no. I ACa 345/08 which it was indicated, in that seizing the debt from the banking account of the obliged debtor as a result of giving to the creditor of protecting him a cash claim as well as transferring funds obtained in this way to the deposit account of the court (Art. 752 § 1 sentence of 2 Code of Civil Procedure) doesn't mean that these money are stopping constituting the asset of the debtor (cf. Art. 752 § 2 sentence of 2 Code of Civil Procedure). In the results, they are subject to seizure in enforcement proceedings. The gloss contains the deliberations concerning the way of filling such money. The author took a critical stance on the thesis expressed in glosed sentence, according to which to money being in the account deposit it is necessary to be a court applicable provisions concerning the execution of movables. Showing at the same time that at applying the negative interpretation for her carrying will be most proper applying the provisions concerning the execution from other property rights.
Authors and Affiliations
Stanisław Nowak
Keywords
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- DOI 10.7206/kp.2080-1084.103
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