Zarzut przedawnienia jako podstawa powództwa opozycyjnego w obliczu zmian k.p.c. (usprawnienie postępowania czy ograniczenie dotychczasowych rozwiązań prawnych)

Abstract

In the article dealing with the plea of limitation of action as the basis for a debtor’s action against enforcement, the author analysed the impact of amendments to the Code of Civil Procedure on the scope of application of this legal measure in the practice of applying the law. The author’s matter of concern is to decide whether changes to the CCP made by the Act of 4 July 2019 influenced the improvement of civil proceedings or only limited existing, well-functioning legal solutions. To present the issue mentioned in the title of the article properly the author first discusses the previous legal status, introducing the essence and legal nature of the debtor’s action against enforcement, and then analysed and evaluated the existing solutions. The conducted analysis indicated that the effect of adding articles 782 1 § 1 point 2, 797 § 1 1 and art. 804 § 2 of the CCP to the Code of Civil Procedure there is a significant reduction in the use of debtor’s action against enforcement. The court and the court enforcement officer, when examining the limitation period ex officio, do their part to the debtor, who is not obliged to undertake substantive defence using debtor’s action against enforcement. In author’s opinion, the effect of the newly introduced legal solutions, in addition to a number of interpretative doubts, is therefore excessive protection of the debtor at the expense of the creditor, on whom new obligations have been imposed in order to prove that the limitation period has been interrupted, which in her opinion leads to imbalance between the parties in the process.