Subject-matter of the enforcement action against. A process-based study of the Code of Civil Procedure § 767
Abstract
Author of the article is devoted to the subject of proceedings for opposition action. Given that the adjustment application was opposition from our civil procedure law launched in 1950, this paper focuses primarily on the treatment force in the Federal Republic of Germany (§ 767 ZPO), which is based on the rich literary sources and constant case.
Author wants to, inter alia, the present study show that the opposition action is not Institute dead, but that the law fulfills a clear purpose and should therefore be included in our re-established procedural regulations. The current concept of objections pursuant to § 268 paragraph 1 point. g) of the CPC, which is a regression, even against the amendment contained in § 441 of the CPC 1950, no longer practically or theoretically sustainable.
It seems therefore appropriate to examine for example, foreign law institute of the traditional process, which would in the future should again find a place even in our country.