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Notes on the suspension of executions for executions trifling claims

Publication at Faculty of Law |
2022

Abstract

The subject of the author's notes are remarks on the suspension of enforcement proceedings for the recovery of so-called small claims.

The reason for the termination of the enforcement proceedings, which the author deals with, is the termination of the bagatelle enforcement on the grounds of its futility and the fact that the subject of the enforcement is a bagatelle claim of the creditor.

Like most of the amended provisions of the Enforcement Code by the latest amendment, this ground for discontinuance of enforcement proceedings is also connected with many interpretative problems, which the author presents in this article. These interpretative problems include determining the type of time limits for the summons to the beneficiary and his obligation to pay the advance for the conduct of the execution, as well as the obstacles to the procedure and many others.