ОБРАТНИЯТ ИЗПЪЛНИТЕЛЕН ЛИСТ И НЕГОВАТА РОЛЯ В ПРОЦЕСА
ОБРАТНИЯТ ИЗПЪЛНИТЕЛЕН ЛИСТ И НЕГОВАТА РОЛЯ В ПРОЦЕСА

Summary/Abstract: The reverse writ of execution is an official document envisaged by the Code of Civil Procedure as а title for protection of the debtor against substantive illegality of the enforcement proceedings. By the issuance of the reverse writ of execution the debtor receives the right to claim back all property and/or sums collected in the course of enforcement proceedings, whose legal groundbasis have been revoked by a final court decision. In the article, The author analyzes the concept of the reverse writ of execution, the prerequisites and the procedure for its issuance, as well as the controversies around that legal instrument. Particular attention is paid to the scope of the reverse writ of execution and to its comparison to other claims. Comparison to similar hypotheses is made.

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