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Seizure of property of the obligor spouse in execution of judgement proceedings
Vernerová, Martina ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 ABSTRACT SEIZURE OF PROPERTY OF THE OBLIGOR SPOUSE IN EXECUTION OF JUDGEMENT PROCEEDINGS The topic of this rigorosum thesis is seizure of property of the obligor spouse in execution of judgement and execution proceedings. "Seizurable property" in this context is property in community property of spouses (the obligor and their spouse), together with other property values belonging to the obligor spouse, such as their pay, pecuniary claims and other property rights that are not part of community property of spouses. The question of seizure of these other property rights has been a subject of an ongoing debate to which this thesis aims to contribute. Not much attention was paid to the issue of seizure of property of the obligor spouse in the past, but over the course of the seven last years, it has seen three major legislative changes which have made it a subject of public debate. These modifications, however, have also made it difficult to grasp for parties to a case, courts and court executors in their practice. Therefore, the aim of the present thesis is to critically assess the relevant legislation in selected periods of time, analyse its bases as well as its impacts on the obligor spouse in execution of judgement proceedings, and to point out to facts that have escaped the notice of experts. The thesis...
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