Consequences of the liquidation of the bank enforcement title and social expectations

Abstract

The subject of the article is an analysis of the regulation of the banking enforcement title in the provisions of Polish law, the reasons for its revocation by the Constitutional Tribunal in the judgment of 14.04.2015 and the use of new instruments by banks for the quick and effective recovery of claims from their clients. Considerations are conducted both in the context of the constitutional principle of equality and the principle of "equality of arms" between banks and their clients in court proceedings, as well as social expectations regarding the abolition of banking privileges. The article also analyzes the effects of the repeal on 07.11.2019 of the Article 485 § 3 of the Code of Civil Procedure which constitutes the basis for banks to obtain orders for payment in order for payment based on an excerpt from bank books signed by persons authorized to make statements regarding the property rights and obligations of the bank, which in practice constituted a kind of "new version" of the repealed banking enforcement title.

Keywords

• enforcement banking privileges
• banking enforcement title
• writ of payment order