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’), pecuniary claims are secured through:
If an injunction is sought with respect to claims other than pecuniary claims, the court grants the injunction it considers appropriate in the circumstances, not excluding measures designed to secure pecuniary 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 the injunction is granted, so as to ensure proper legal protection for the qualifying party and not to burden the obligated party excessively.
Injunction proceedings are instituted:
Applications for an injunction are lodged in writing. They should meet the requirements for pleadings and specify the form in which the injunction is granted and, in the case of a pecuniary claim, the amount of the injunction (which must not exceed the amount of the claim, plus interest to the date on which the injunction is granted and the associated costs, and may also include the projected costs of proceedings) and the circumstances justifying the application. If an application for an injunction is lodged before proceedings are instituted, a summary should be provided of the subject-matter of the case (Article 736 of the Code of Civil Procedure).
Security may be provided before proceedings are instituted or during proceedings. After the qualifying party has obtained an enforceable title, an injunction may be granted only if it is designed to secure a claim for which the performance deadline has not yet expired (Article 730(2) of the Code of Civil Procedure).
When an injunction is granted before proceedings are instituted, the court sets a deadline by which the letter instituting proceedings should be lodged, failing which the injunction will be annulled. This deadline must not be longer than two weeks (Article 733 of the Code of Civil Procedure).
Applications for an injunction must be examined without 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 at a hearing, that hearing should be scheduled within one month of the date on which the application was lodged (Article 737 of the Code of Civil Procedure).
Injunctions are granted on the basis of a court judgment.
An injunction may be requested in all civil cases examined by a court or court of arbitration (Article 730 of the Code of Civil Procedure).
The conditions for granting an injunction are as follows: the claim and the legal interest in granting an injunction must be substantiated. There is a legal interest in granting an injunction 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 injunction is not granted (Article 7301 of the Code of Civil Procedure).
The purpose of an injunction 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 implementation of an injunction conditional on the lodging of a deposit by the qualifying party to secure the obligated party’s claims resulting from implementation of the injunction, except where the qualifying party is the Treasury and where security is provided for claims for maintenance, disability pensions or amounts owed to an employee in cases relating to labour law in a part not exceeding their full monthly remuneration (Article 739 of the Code of Civil Procedure).
An injunction may be granted for:
An injunction cannot cover items, debts or rights excluded from enforcement. Perishable goods may serve as security if the obligated party has no other property with which to secure the entitled party’s claims and the goods can be sold promptly.
The main purpose of injunction proceedings is to ensure that the entitled party (usually the creditor) is protected against the potential adverse effects of delay in cases pending before the court (or involving settlement out of court) and to improve the entitled party’s situation in enforcement proceedings if the subject of court proceedings and the injunction is an enforceable claim. To a limited extent, an injunction may also allow the entitled party to obtain pecuniary benefits.
An injunction may also be a response to action taken by the obligated party to the detriment of the entitled party.
The effects of an injunction on the obligated party vary according to the form which it takes:
The obligated party 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 (Articles 742, 7541(3) and 757 of the Code of Civil Procedure).
Security is annulled if:
Security is also annulled (Article 754 1 of the Code of Civil Procedure):
Both the entitled party and the obligated party 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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