Publication details
Pojetí účastenství manžela povinného v exekuci
| Title in English | The Concept of Participation of the Debtor’s Spouse in Execution |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro pravní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access článku |
| Doi | http://dx.doi.org/10.5817/CPVP2024-2-5 |
| Keywords | Execution; Debtor; Debtor’s Spouse; Procedural Community; Contentious Proceeding; Parties |
| Description | The article deals with the position of the debtor’s spouse as a party to the execution and a member of a procedural community. The aim of the article is to describe the way in which the participation of the debtor’s spouse in execution can be conceived in the context of civil procedure doctrine and the concepts of participation in civil procedure that doctrine distinguishes. The conclusions regarding the concept of the participation of the debtor’s spouse in execution are loosely related to the way of determining the nature of the procedural community of the debtor and the debtor’s spouse in execution in a situation where the debtor’s spouse is not the subjekt of an execution order and becomes a party only because of the execution against the matrimonial property or the exclusive property of the debtor’s spouse. Last but not least, the article incorporates the case law of domestic courts concerning the position of the debtor’s spouse in execution. |
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