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Alternative title:

The issue of admissibility of enforcement authority’s examination whether the enforcement title’s issuer has a creditor status — based on the enforcement titles issued by the Lower Silesian Bureau of Geodesy and Agricultural Areas

Subject and Keywords:

enforcement title’s issuer   creditor   enforcement titles   Lower Silesian Bureau of Geodesy and Agricultural Areas

Abstract:

The subject of this article is the analysis of the possibility to examine by administrative enforcement authority if the enforcement title’s issuer is acreditor. The author presents opposite views expressed in literature and jurisprudence which are based on article 29 of the Act on enforcement proceedings in administration. Furthermore, the article provides an example of the case where judgement based on the above was passed by the Court of Appeal in Wrocław on 29 April 2009 and describes the motives of the verdict in both resorts. In aconclusion the author presents aposition that enforcement authority’s examination whether the enforcement title comes from acreditor does not breach aban to evaluate the legitimacy and the maturity of aduty described in the enforcement title.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2013

Date copyrighted:

2013

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3502. Przegląd Prawa i Administracji 2013, 92, s. 75-84

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.