Auction of a Dwelling or a Plot of Land Developed with a Residential Building to Meet the Housing Needs of the Debtor Including the State of the SARS-CoV-2 Virus Epidemic

Abstract

The article submits to a scientific discussion on the issue of the auction of a dwelling or a plot of land developed with a residential building, serving to satisfy the debtor’s housing needs during the SARS-CoV-2 virus epidemic. The key importance should be attached to the new Article 9521 § 5 of the Civil Procedure Code, which states that an auction of a dwelling or a plot of land developed with a residential building, which is to meet the housing needs of the debtor, is not carried out during the state of epidemic threat or epidemic state and 90 days after its end. The new legal solution highlights the general problems with the organization of the work of the courts (related to judicial enforcement proceedings) during the SARS-CoV-2 virus epidemic and the division of duties between the district court and the court bailiff. The presented considerations postulate the introduction of innovative solutions applicable not only in the state of epidemics. Firstly, an introduction, through legislative intervention, of an electronic auction in the course of enforcement of real estate, following the example of an electronic auction of movable property. Secondly, breaking the rule according to which the auction of real estate requires direct supervision by a judge (court clerk). The article takes into account the legal status as of 1 January 2021.

Keywords

• judicial enforcement proceedings
• court bailiff
• electronic auction
• enforcement of real estate
• sars-cov-2 virus epidemic