Sądowy tytuł wykonawczy w systemach prawnych Polski i Szwajcarii

The article presents an analysis of the legal systems of Poland and Switzerland in the field of judicial enforceable titles that authorize the creditor to execute claims against the debtor. The study focuses on assessing the procedural differences and similarities, analyzing the law, the relevant literature and court judgments. In the Polish system, obtaining an enforceable title requires a court judgment, which provides restrictive protection for the debtor, but prolongs the proceedings. The Swiss system adopts a more liberal approach, allowing execution on the basis of a payment order to be initiated quickly, while there is a mechanism for the debtor to object, which can result in judicial verification. In the second part of the paper, the author evaluates the efficiency and fairness of both systems. The conclusions of the analysis indicate the strengths and limitations of both systems. The Swiss system is found to be more efficient, but possibly riskier.