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Violation of the initial time limit without consequences in civil proceeding

In one of the cases investigated by our lawyers we encountered the following legal question. On behalf of our client we filed an appeal against the decision to grant the bank's enforcement order execution clause. In response, the court ordered us to remedy the complaint, and indicate the date of commence of enforcement proceeding, which in accordance with Art. 795 § 2 of the Code of Civil Procedure is an initial deadline for lodging a complaint.

The question arose whether position of the court is justified

According to Code of Civil Procedure submitting a formal complaint before the initial deadline, at least in principle should not constitute a formal error requiring restoration. The position of the Supreme Court in this regard is uniform. The initial period specified in Art. 795 § 2 of the CCP, is rather of technical nature and is used to allow the court and the parties to determine the final date for filing a complaint. Lodging a complaint before the deadline, provided of course that the decision has already been issued, should not, therefore, constitute an formal obstacle to recognize the complaint.

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