Sądowe postępowanie egzekucyjne z nieruchomości stanowiącej przedmiot umowy ubezpieczenia
Judicial Enforcement Proceedings against the Real Estate Subject to the Insurance Contract

Summary/Abstract: One of the types of enforcement proceedings is enforcement against real estate. It may happen that the property is covered by insurance. The question arises who is entitled to compensation when an insured event occurs. The amount of compensation may be distributed among creditors or may be used to cover the damage. It seems that the answer to the above question depends on the moment when the insured event occurs. If the insured event occurs in the course of court enforcement proceedings, the amount of compensation cannot be received by the debtor. This amount, like other claims arising from the insurance contract, must be used to repair the damage. Therefore, the question arises whether this amount, which de facto increases the value of the property, should be paid by the buyer.

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