ATTENTION! Text translated automatically from the Polish version.
The protection of maintenance claims is a type of innovatory protection of the entitled person, consisting in creating for the duration of the proceedings a new provisional situation in which the obligated party is required to pay a lump sum or periodically a certain sum of money. The purpose of such protection is to immediately provide the entitled person with means of subsistence. The legal basis is Art. 730 § 1 of the Code of Civil Procedure in connection with Art. 753 § 1.
The entitled person must make the existence of the claim credible. The party applying for protection does not have to demonstrate that its absence will hinder or prevent the achievement of the purpose of the proceedings or the enforcement of a judgment.
Any party or participant in the proceedings may apply for protection if they make the claim and their legal interest in granting the protection credible. The court’s order in this matter is by operation of law given an enforcement clause.
An application for protection of maintenance claims may be submitted in writing or verbally on record to the court of first instance before which the case is or will be heard.
The application should contain:
- the amount of security,
- the manner of fulfilling the benefit,
- making the circumstances justifying the application credible,
- a brief presentation of the subject matter of the case (only if the application was filed before the commencement of proceedings).
The court considers an application for protection of maintenance claims immediately, no later than within one week of its receipt. Such an application is free of court fees.
It is also worth mentioning the possibility provided for in Art. 754 of the Code of Civil Procedure, allowing for the protection of an unborn child’s maintenance claims.