In the study, a scientific and research analysis is made of the issue of civil law and civil procedure. The considerations carried out are aimed at discussing the legal nature of the claim for the removal of the effects of the infringement of personal interests, the principles of its assertion in the process and enforcement, necessary in cases where, despite the existence of a final judgment, the violator continues to fail to perform the obligation imposed on him. The need to discuss the signaled problem – important from the point of view of practice – stems from the fact that on April 15, 2023, the controversial amendment to the provisions of the Code of Civil Procedure came into force, which, in the added Article 1050 § 4, revolutionized the enforcement of a declaration of the appropriate form and substance. In the doctrine, this problem has not been exhaustively discussed from the research side – as statements of a journalistic nature, commenting on the consequences of the indicated change in legal regulations prevail – hence it is reasonable to attempt to discuss it. In the article, firstly presented considerations on the legal essence of the claim for removal of the effects of infringement of personal interests. Then discussed the procedure for asserting this claim in the process – starting with the principles of formulating a lawsuit for such a claim, ending with the requirements, to be observed by the court when constructing the operative part of a judgment granting a claim. As a backdrop to these considerations, an analysis was made of the enforcement procedure for the obligation to remove the effects of the infringement of personal interests, taking into account the changes in the provisions of the procedural law, and an attempt was made to evaluate these provisions and to indicate the implications for the protection of personal interests.
Wojciech Szczotka (Mon,) studied this question.
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