Acta Iuris Stetinensis (Jan 2023)
Wykonanie zobowiązania sądu na podstawie art. 1391 k.p.c.
Abstract
This paper focuses on the detailed issues regarding the course of service of summons or other pleadings by a court-enforcement officer pursuant to Article 1391 of the Code of Civil Procedure. It discusses the manner in which the plaintiff may perform their obligation when the procedure specified in Article 1391 of the Code of Civil Procedure has been implemented by the court. The first part of the article focuses on the plaintiff presenting evidence that the place of residence of the defendant is the same as that given in the summons. The author discusses the types of evidence by means of which the plaintiff may prove so. Moreover, the study specifies further measures the court undertakes if it issues a decision on lack of grounds to consider the service effective due to the fact that the plaintiff has failed to prove the circumstances of the defendant’s residing at the address provided in the summons. The further part of the article focuses on another possible solution through which the plaintiff may choose to perform their obligation towards the court, namely providing a different place of residence of the defendant. The third part of the article discusses the question of serving summons or other pleadings as a result of which the defendant’s rights must be defended by a court enforcement officer. It details the requirements that a petition filed with a court enforcement officer must meet to avoid dismissal on formal grounds. In the final part the author discusses all possible courses of service of summons by a court enforcement officer along with their consequences. It is noted that the court enforcement officer may be ordered to find out the current place of residence of the defendant. It would be worth devoting a separate paper to the discussion of the question of the terms and sanctions for failure to meet the obligation stipulated in Article 1391 of the Code of Civil Procedure.
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