Suchergebnisse

This Master's thesis analyzes the enforcement measures that are realized by the bailiff - the forced sale of assets (the forced realization of the assets). The objectives of this thesis were: to identify the concept of enforcement process, to determine the place of realization of assets in the context of enforcement measures; to identify the conditions for the realization of the assets; to analyze three specific forms of realization of the assets, which are executed by the bailiff, to determine their problematic aspects and suggest possible solutions. By implementing the objectives, the goals of this thesis were reached, i.e. to determine whether the legal regulation of coercive sale of assets ensures the practical implementation of purposes raised in enforcement process, as well as seeking balance of interests between debtor and creditor. While exploring the legislation and judicial practice of enforcement proceedings, it was proved that non-comprehensive legal regulation of realization of the assets in enforcement proceedings causes practical problems, a different interpretation of the law and leads to violation of person's rights and interests.

This Master's thesis analyzes the enforcement measures that are realized by the bailiff - the forced sale of assets (the forced realization of the assets). The objectives of this thesis were: to identify the concept of enforcement process, to determine the place of realization of assets in the context of enforcement measures; to identify the conditions for the realization of the assets; to analyze three specific forms of realization of the assets, which are executed by the bailiff, to determine their problematic aspects and suggest possible solutions. By implementing the objectives, the goals of this thesis were reached, i.e. to determine whether the legal regulation of coercive sale of assets ensures the practical implementation of purposes raised in enforcement process, as well as seeking balance of interests between debtor and creditor. While exploring the legislation and judicial practice of enforcement proceedings, it was proved that non-comprehensive legal regulation of realization of the assets in enforcement proceedings causes practical problems, a different interpretation of the law and leads to violation of person's rights and interests.