Creditors beware! The amendment to the Civil Procedure Code and the Enforcement Code strengthens the protection of the spouse of a liable party to the detriment of the entitled party

29. 6. 2015

The amendment in question comes into force on 1 July 2015. An important innovation in enforcement proceedings is the obligation that proving executors have to determine whether in the List of Instruments of Matrimonial Property Regime there is a contract on the matrimonial property regime or a decision to cancel the joint marital property, to renew it or to narrow its existing, scope, etc. It is now also established that the spouse of the liable party is also a participant in the proceedings. This measure is a response to the situation that arose during the effectiveness of the existing regulation where the spouse of the liable party often did not even know that enforcement proceedings had been initiated against the other spouse. Another significant change is the establishment of a maximum amount in the enforcement of a decision by which the bank account of the liable party's spouse can be sanctioned. So under the new legislation half of the balance that the spouse that is not in debt had in his/her account at the time the writ of execution was delivered to the bank will remain protected (but a minimum amount equal to double the subsistence minimum). The spouse of the liable party must be advised about this. It can be expected that these measures will have a negative impact on the level of satisfaction of creditors' claims.

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