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The future of movable execution

Publication at Faculty of Law |
2023

Abstract

The execution against movable property is a procedual institute used to satisfy those claims for which a less invasive means are not sufficient - for example, by confiscating funds from debtor's bank account. If a movable execution is carried out, the bailiff or a person authorized by him are entitled to seize the debtor's movable property not only at his place of permanent residence, but also in such places where the bailiff has a legitimate reason to believe that the debtor might have other property.

The bailiff is also authorized to enter these places. When carrying out the execution against movable property, a situation often arises when the bailiff also confiscates property owned by a third person different from the debtor, who then has to initiate a proceeding to exclude this propety from the execution.

The article analyzes the execution against movable property, and what their limitation will mean according to the Draft Amendment to the Execution Code.