Eksmisja osoby stosującej przemoc domową
Year: 2025
Type: article
Abstract: To ensure the safety of a person experiencing domestic violence, immediate and effective isolation from the perpetrator is of paramount importance. One of the legally prescribed ways to achieve this objective is the enforcement of a court order requiring the perpetrator of domestic violence to vacate the jointly occupied dwelling. Although the regulations regarding the enforcement of the obligation to vacate a premises intended to meet the housing needs of the debtor are suitably applicable in this enforcement, it fundamentally differs from it. The nature of the obligation of the debtor (the person committing domestic violence) established in the enforcement title means that the effective execution of the eviction does not exhaust the title. Furthermore, this obligation does not encompass the clearing of the premises, which excludes the application of the provisions of Article 1046 § 9–10 of the Code of Civil Procedure. Despite the introduction of special measures aimed at streamlining and expediting the eviction process against individuals committing domestic violence, judicial enforcement is unable to meet the need for the immediate isolation of the victim In this regard, the instruments provided for in the petty offense law and the proceedings concerning petty offenses seem to be more appropriate, particularly the detention by the police of a person failing to comply with a court order requiring them to leave the residence. This does not imply that the provisions on the eviction of a person committing domestic violence through judicial enforcement should be removed. In certain situations, this route may prove to be more suited to the needs and circumstances of the person experiencing domestic violence. Keywords: execution, eviction, domestic violence, bailiff, Police, Military Gendarmerie, bailiff fees
Source: Przegląd Prawa Egzekucyjnego
Author: Aneta Mendrek
Language: English
Topic: Polish Law and Legal System
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4414737267
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