Notary versus bank enforcement title. Considerations against Constitutional Court’s judgment of 14 April 2015., Ref. No. P 45/12

Abstract

The bank enforcement title (b.e.t.) was one of the most important and controversial “privileges” of banking, previously occurring in Polish law. Doctrinal doubts about the constitutionality of the b.e.t. has been settled by the Constitutional Court’s (CC) judgment of 14th April 2015. After its repeal, there was established a kind of “loophole” in banking practice, which the banks are trying to fill in various ways. One of the most attractive (it seems) alternatives is called the notarial enforcement title (n.e.t.). It has been said, that n.e.t. could replace b.e.t. However still could be a doubt on this grounds. It is worth to consider, whether the similarity of the b.e.t. and the n.e.t. is not some kind of danger that could cause the breach of the Constitution in a similar way. This issue will be subjected to the analysis of the content of this article