One of the institutions provided for under civil procedure is the securing of a claim (property or non-property), which may be applied for by any party or participant in the proceedings after the claim and legal interest in securing are substantiated (Article 730 (1) CCP). The general provision constituting the basis for the initiation of security proceedings is Art. 730 k.p.c. (Act of November 17, 1964, Code of Civil Procedure (i.e. Journal of Laws of 2021, item 1805, as amended)), which provides that in any civil case subject to examination by a court or arbitration court, one may demand security.
A special provision in relation to the above-mentioned regulation is art. 753 of the Code of Civil Procedure, in which the legislator distinguishes the type of claim, which is a maintenance claim. In maintenance cases, the security may alternatively consist in obliging the obligated party to pay the entitled party a one-time or periodic payment of a specified sum of money. Importantly, in cases relating to maintenance claims, the basis for security is only the substantiation of the claim’s existence. Therefore, this aspect makes an exception to the general regulation requiring the simultaneous demonstration of a legal interest.
At this point, reference should also be made to the wording of the legislator in Art. 753 of the Code of Civil Procedure, i.e. „maintenance cases”. The jurisprudence emphasizes that this should be understood as alimony cases (resolution of the Supreme Court of February 23, 1982, III CZP 3/82, OSNC 1982/7, item 100). In the above According to the opinion of the Supreme Court, the legislator does not refer to cases for repealing or reducing the maintenance obligation (Resolution of the Supreme Court of November 27, 1980, III CZP 60/80, OSNC 1981/6, item 97) and cases for return of fulfilled maintenance payments on the basis of an investigation under Art. 140 k.r.o., as well as cases for the reimbursement of amounts paid to the entitled person under the decision on granting security
D. Zawistowski points out that since the court does not currently adjudicate ex officio in alimony cases, this form may be used only at the request of the entitled party. ([in:] Code of Civil Procedure. Commentary. Volume IV. Articles 730–1088, ed. T. Wiśniewski, Warsaw 2021). Moreover, the court is bound by the limits of the application in terms of the amount of maintenance requested. The doctrine also emphasizes that the obligation to pay the entitled party a specified sum of money periodically or once indicates that
the use of both forms of security at the same time is excluded. However, it is possible to apply, on general terms, a different method of securing pecuniary claims in parallel.