Publication details
Křehká rovnováha mezi zájmy oprávněného a manžela povinného v exekuci
| Title in English | The Delicate Balance between the Interests of the Creditor and the Debtor’s Spouse in Execution |
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| Authors | |
| Year of publication | 2026 |
| Type | Article in Periodical |
| Magazine / Source | PRÁVNÍK - TEORETICKÝ ČASOPIS PRO OTÁZKY STÁTU A PRÁVA |
| MU Faculty or unit | |
| Citation | |
| web | Web nakladatele |
| Keywords | execution; creditor; debtor's spouse; protection; balance; matrimonial property |
| Description | The content of this article is intended to evoke the image of a delicate process in which the legislator tries to find a solution of two conflicting interests that clash in an execution, where the joint property of spouses is seized for the exclusive debt of only one of the spouses. When constructing the legal regulation in such a case, the legislator must deal with both the creditor’s interest in satisfying the claim and the interest of the debtor’s spouse in protecting the property. In the case of the debtor’s spouse, it is necessary to remember that he is a party in the execution, without the execution title and application being directed against him or her. The article deals with the conflict of interests of the creditor and the debtor's spouse in execution where the matrimonial property or the exclusive property of the debtor's spouse is affected. Finding a balance in protecting the interests of these parties to the execution is difficult in such a case, as it is necessary to ensure the creditor's right to satisfaction of the claim while preventing the implementation of the forced debt recovery from causing unreasonable interference in the sphere of the non-debtor spouse. The aim of this paper is to analyse and identify the basic conflicts of interest between the creditor and the debtor's spouse. Following this, the paper presents conceptual considerations and a proposal of mechanisms that aim at effective satisfaction of the claim of the creditor while providing adequate protection of the position of the debtor's spouse in the execution. |
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