Publication details
Třetí osoby a práva nepřipouštějící výkon rozhodnutí
| Title in English | Third Parties and the Rights Not Admitting Execution |
|---|---|
| Authors | |
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | execution; enforcement of decision; civil procedure; third party |
| Description | The rights not admitting execution of a decision are not precisely defined by a legal regulation. Individual Czech and foreign authors present enumerations containing both the rights regarding which there are no doubts as to the justification of the conclusion that it does not admit execution, and the rights in which these conclusions are controversial. The common feature of these rights is the proprietary character, and I assume that it is not possible to dwell unequivocally on the conclusion that this refers only to the right of material legal nature. This is by the way proved by the so called remedial right. Beside this the enumeration includes also the right for wages and receivables from a bank account, although on these rights differences of opinions still persist even at present. Therefore I regard the issue of which rights may be characterized as rights not admitting execution of decision as absolutely crucial, because on it depends on which rights is aimed the principle of protection of third persons, specified here through elimination dispute. At present differences of opinions exist on the completeness and de facto correctness of the specified enumerations. I believe this issue should be subjected to further and deeper debate. |