Legal succession of property-related obligations in administrative enforcement proceedings
Legal succession of property-related obligations in administrative enforcement proceedings is a key issue for the protection of the public interest. Coercive enforcement measures directed against the obliged entity, in accordance with the content of the enforceable title, serve the purpose of compul...
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| Format: | Article |
| Language: | English |
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MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2021-06-01
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| Series: | Nieruchomości@ |
| Subjects: | |
| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0014.9264 |
| Summary: | Legal succession of property-related obligations in administrative enforcement proceedings is a key
issue for the protection of the public interest. Coercive enforcement measures directed against
the obliged entity, in accordance with the content of the enforceable title, serve the purpose of
compulsory performance of the obligation. A change or transformation of the addressee of an obligation
while maintaining the identity of the enforcement case and the content of the enforcement
relationship determines the legal situation of the parties to the enforcement proceedings, i.e. the
obliged entity, its successor, the public-law creditor, the enforcement authorities and other participants
to the proceedings. The property-related nature of the obligation implies the consequences
of the enforcement transformation in a specific way, i.e. both at the procedural and substantive-law
levels, leading to a joint and several liability of the obliged parties and their co-participation in enforcement
proceedings. The statutory regulation laid down in Article 28a of the Act on Enforcement
Proceedings in Administration is not sufficient, therefore, legal scholars’ writings, court rulings and
practice play an important role this matter.
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| ISSN: | 2657-8247 2719-8030 |