Sociálně-právní dopady současného pojetí exekučního řízení pro obyvatele České republiky
Socio-legal Impacts of the Current Concept of Execution Procedure for Citizens of the Czech Republic
Author(s): Jitka WolfováSubject(s): Law, Constitution, Jurisprudence, Civil Law, Sociology of Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: court bailiff; enforcement proceedings; major amendment to enforcement regulations; reducing the enforceability of the law; increasing the complexity and cost of enforcement proceedings; mandatory sus
Summary/Abstract: The last amendment to the Enforcement Code, which was introduced by the No. 286/2001 Sb., is an extensive amendment in its content. The aim of this amendment was mainly to solve the problem of multiple execution proceedings, an introduction of the principle of one mandatory single judicial officer. The amendment did not achieve its goal. It is unsystematic and chaotic. It increases the administrative duties of judicial officers and the overall increase in costs of the entire execution procedure, including the costs of entitled persons. The amendment lengthens and procedurally complicates the entire execution procedure not only for the judicial officer, but especially for the obligee and the beneficiary. It introduces positive changes to protect obligated persons who are socially weak, but in a complex and problematically applicable manner. The established legislative trend in the form of large debt amnesties for certain types of claims is a moral hazard for society.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 69/2023
- Issue No: 1
- Page Range: 75-85
- Page Count: 11
- Language: Czech