The type of measure depends on the nature of the claim to be secured. Under Article 747 of the Code of Civil Procedure (kodeks postępowania cywilnego), monetary claims are secured through:
If a claim other than a monetary claim is secured, the court provides the security it deems appropriate in the case concerned, not excluding measures designed to secure monetary claims (Article 755 of the Code of Civil Procedure). In particular, the court may:
The interests of the parties to or participants in proceedings should be taken into account when selecting the form in which security is provided, so as to ensure proper legal protection for the entitled entity and not to burden the obligated entity excessively.
Proceedings for providing security are instituted:
Applications for security are lodged in writing. They should meet the requirements for pleadings and specify the form in which security is provided and, in the case of a monetary claim, also the amount of the security (which cannot exceed the amount of the claim pursued, calculated together with interest from the date on which the decision on security is handed down, as well as with the costs of providing the security, and may also include the projected costs of the proceedings) as well as the circumstances justifying the application. If an application for security is lodged before proceedings are instituted, the subject-matter of the case should also be briefly described (Article 736 of the Code of Civil Procedure).
Security may be provided before proceedings are instituted or during proceedings. After the entitled entity has obtained an enforceable title, security may be provided only if it is intended to secure a claim for which the deadline for performance has not yet expired (Article 736(2) of the Code of Civil Procedure).
When security is provided before proceedings are instituted, the court sets the deadline by which a letter instituting proceedings should be lodged, on pain of annulment of the security (Article 733 of the Code of Civil Procedure).
Applications for security must be considered without undue delay, within one week of the date on which they are lodged with the court, unless special provisions stipulate otherwise. If an act of law provides for applications to be examined during a hearing, that hearing should be scheduled within one month of the date on which the application was lodged (Article 733 of the Code of Civil Procedure).
Security is provided on the basis of a court judgment.
Security may be requested in all civil matters examined by a court or court of arbitration (Article 730 of the Code of Civil Procedure).
The conditions for providing security are as follows: the claim and the legal interest in providing security must be substantiated. There is a legal interest in providing security if it will be impossible or very difficult to implement the judgment handed down in the case or it will otherwise be impossible or very difficult to achieve the aim of the proceedings if the security is not provided (Article 7301 of the Code of Civil Procedure).
The purpose of security cannot be to satisfy a claim, unless an act of law stipulates otherwise (Article 731 of the Code of Civil Procedure).
The court may make the implementation of a decision on security conditional on the provision of a deposit by the entitled entity to secure the obligated entity’s claims resulting from the implementation of the decision on security, except where the entitled entity is the Treasury and where security is provided for claims for maintenance, disability pension or amounts owed to an employee in matters related to labour law in a part not exceeding the full monthly remuneration of an employee (Article 739 of the Code of Civil Procedure).
Security may be provided for:
Security cannot cover items, debts or rights excluded from enforcement. Perishable goods may serve as security if the obligated entity has no other property with which to secure the entitled entity’s claims and the goods can be sold promptly.
The main purpose of security proceedings is to ensure that the entitled entity (most frequently the creditor) is protected against the potential adverse effects of delay in cases pending before the court and to improve the entitled entity’s situation in enforcement proceedings if the subject of court proceedings and security is an enforceable claim. To a limited extent, security may also allow the entitled entity to obtain cash benefits.
Furthermore, security may be a response to the obligated entity’s actions to the detriment of the entitled entity’s justified interests.
The effects of security for the obligated entity differ depending on the form in which security is provided and may be as follows:
The obligated entity may request at any time that a legally binding decision to provide security be revoked or amended if the reason for the security ceases to exist or changes (Article 742 of the Code of Civil Procedure).
Security is annulled if:
Both the entitled entity and the obligated entity may lodge a complaint against the decision of the court of first instance regarding security (Article 741 of the Code of Civil Procedure).
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