From January 1, 2022, § 2 Art. 733 of the Code of Civil Procedure, according to which, in the case of a security in the form of a monthly benefit for the provision of means of subsistence, the deadline for the collapse of the security, set by the court, before the commencement of proceedings in the case is six months. Upon a reasoned request of the attorney, the court may indicate a longer period, but not more than one year. Until this sweat, the maximum period was only two weeks as in other cases.
The discussed regulation applies to claims based on art. 444 § 2 or article. 446 § 2 of the Civil Code, in the form of a monthly allowance for the provision of means of subsistence, in connection with the damage suffered as a result of a tort that exhausts the features of:
- 1) one of the crimes against safety in land traffic communication, referred to in Chapter XXI of the Criminal Code, or
- 2) homicides with the use of a motor vehicle in land traffic, or
- 3) willful damage to health with the use of a motor vehicle in land traffic – the court grants this security to each entitled person in the amount not lower than the amount of the lowest old-age pension specified in art. 85 sec. 2 of the Act of 17 December 1998 on pensions and pensions from the Social Insurance Fund (Journal of Laws of 2021, item 291, as amended20), unless obtaining disability benefits from other sources supports granting security in the lower amount.
The total amount of security for all entitled persons in the form of a monthly benefit for the provision of means of subsistence under Art. 444 § 2 and article. 446 § 2 of the Civil Code may not exceed the amount of the victim’s monthly net remuneration or income in the period preceding the event and five times the amount of the lowest old-age pension specified in Art. 85 sec. 2 of the Act of 17 December 1998 on pensions and disability pensions from the Social Insurance Fund.
It should be noted, however, that it is not entirely clear whether an application for an extension of the deadline can only be submitted by a professional representative or also by another (e.g. descendant)