Attorney Maciej Obrębski comments on the Confederation’s parliamentary bill, which provides for the complete exemption from seizure of all animals — not only domestic animals, but also farm animals (e.g. livestock, dairy farms, stud farms). The authors justify this with the low market value of the animals in question, the difficulties bailiffs have in securing them, and the lack of buyers.
Maciej Obrębski points out that, in addition to the current Article 829 of the Code of Civil Procedure, there is Article 829¹ of the Code of Civil Procedure, which already excludes from enforcement, among other things, basic livestock (cattle, sheep, poultry, fur animals, horses) and bee colonies. In the new wording of Article 829, the general exclusion of ‘animals’ would render points 1-5 of Article 829¹ essentially redundant. The solicitor emphasises that although the practice of enforcement against livestock can be difficult and requires clarification of the regulations (especially with regard to security during seizure), the complete exclusion of all animals would lead to excessive protection of debtors. As a result, a farmer running a large farm (e.g. a poultry farm) could continue to operate freely despite mounting liabilities, while the creditor would be left without any real tools.
Date: 09.07.2025
Author: Piotr Szymaniak
Source: Rzeczpospolita (rp.pl)
