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The change in terminology – end of problems?

Return of sums paid into a deposit account of the court in a security or enforcement proceedings (ie. the procedural law deposit) causes problems arising from doubts whether it should be equated with court deposit referred to in the provisions of the Civil Code (ie. the substantive law deposit), which would result in the possibility of applying the provisions of the Civil Procedure Code on matters of deposit.

This issue raise concerns also because the legislator used a heterogeneous terminology in this area using both of the phases “deposit account of the court” and “court deposit”. These issues clearly resolve the Supreme Court resolution dated 27th February 2008, ref. III CZP 153/07, according to which the procedures specified in Section V of the Code does not apply to procedural law deposits.

From 1st January 2015, as a result of changes introduced by the Act amending  the Public Finance Act and other acts of 26th September 2014, the legislator has standardized terminology, indicating that in case of procedural law deposits amounts shall be paid into a deposit account of the Minister of Finance. Certainly, it definitely dispels above doubts, but the procedure of return of founds remains unregulated..

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