Problematyka zaskarżalności postanowienia w przedmiocie spisu inwentarza – w poszukiwaniu intencji ustawodawcy

Abstract

The article presents an analysis of the regulation concerning the possibility of challenging the decision on the preparation of the inventory. The procedure for the preparation of the inventory ends with the issuance of a substantive decision on the merits. Therefore, before the amendment of 2015, it was assumed, in accordance with the resolution of the Supreme Court of 23 August 2006, that Art. 518 of the Code of Civil Procedure (CCP) was applicable and the decision was subject to a suspensive appeal. Nowadays, after the change of the law in question, the provision of Art. 637 § 4 of the CCP is assumed to be directly applicable, as it states that am interlocutory appeal may be lodged against the decision on the preparation of the inventory. Pursuant to the provisions, the afore-mentioned appeal can be also lodged against a decision dismissing an application for making an inventory, a decision to reject an application for making an inventory, and a decision to discontinue the proceedings. An interlocutory appeal may also be filed against the decision to draw up a supplementary inventory. However, there is no last resort (cassation) appeal under the current law, nor was there any under the previous legal status. This follows directly from the content of Art. 519 1 § 4(3) of the CCP. However, it should be noted that the amendment of the provisions of civil procedure gave rise to a certain far-reaching doubt. The fact that the legislator deems an interlocutory appeal to be the appropriate mean of challenge in this case suggests that these decisions do not constitute decisions on the merits. On the other hand, if the legislator did not provide for a suspensive appeal as a means of recourse against decisions on issues related to the inventory, then limiting the admissibility of a last resort appeal would seem unnecessary.