Bankowy Tytuł Egzekucyjny

A bank execution title is a legal instrument that enables banks to exact paymentsfrom their debtors without the necessity to take legal measures. The application scope of bank execution titles is first and foremost determined in the catalogue of bank transactionsreferred to in the articles 5(1) and 5(2) of the Banking Law. Based on the case lawby the Supreme Court and the specialist literature, it is possible to maintain that the bank execution title is actually a statutory bank privilege which enables banks to more easilyenforce their claims resulting from bank transactions being carried out. No liabilities ariseon the part of the bank resulting from the bank execution title. It is a mere declarationconcerning the bank’s existing entitlements it is going to send for execution. The bankexecution title has the legal validity of an official document solely within the scope of information contained therein which was determined based on the bank’s accounts. Thebank execution title does not have the force of the res iudicata, which enables the debtorto base the anti-enforcement proceedings on the events that had taken place before thebank execution title was issued. It also enables the debtor to initiate a court dispute oncethe liabilities have been exacted. Basically, an issued bank execution title has three functions. The first functionof the bank execution title is a statement by the bank that the claim covered by the titleis due, and that the debtor is obliged to satisfy the claim. The second function of thebank execution title is stating the fact that the debtor failed to satisfy his liability infavour of the bank of their own free will. The third function of the bank execution titleis the bank’s expression of their intention to collect the debts that are covered by the titleas a result of court execution proceedings.