Publication details
Vliv úmrtí povinného na postavení manžela povinného v exekuci
| Title in English | The Effect of the Debtor's Death to the Position of the Debtor's Spouse in Execution |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Keywords | execution; Debtor; Debtor’s Spouse; Matrimonial Property; Death of the Debtor |
| Description | The debtor‘s spouse becomes a party to the execution without the execution title being directed against him or her if the matrimonial property or the exclusive property of the debtor‘s spouse is subject to execution. In the case law of domestic courts, different opinions can be found as to the participation of the debtor‘s spouse in the execution and the possibility of seizing the matrimonial property or the exclusive property of the debtor‘s spouse in the event of the death of the debtor. The subject of the paper is an analysis of the decision of the Constitutional Court, which, following previous proceedings before the general courts, dealt with the question whether the execution against the debtor‘s spouse can continue after the debtor‘s death, provided that the debtor’s spouse did not become the legal successor of the deceased obligor. Reference will also be made to the reasoning expressed by the general courts in previous proceedings as an essential part of the interpretation. |
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