Acta Universitatis Carolinae. Iuridica (Mar 2023)

Sociálně-právní dopady současného pojetí exekučního řízení pro obyvatele České republiky

  • Jitka Wolfová

DOI
https://doi.org/10.14712/23366478.2023.6
Journal volume & issue
Vol. 69, no. 1
pp. 75 – 85

Abstract

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The last amendment to the Enforcement Code, which was introduced by the No. 286/2001 Sb., is an extensive amendment in its content. The aim of this amendment was mainly to solve the problem of multiple execution proceedings, an introduction of the principle of one mandatory single judicial officer. The amendment did not achieve its goal. It is unsystematic and chaotic. It increases the administrative duties of judicial officers and the overall increase in costs of the entire execution procedure, including the costs of entitled persons. The amendment lengthens and procedurally complicates the entire execution procedure not only for the judicial officer, but especially for the obligee and the beneficiary. It introduces positive changes to protect obligated persons who are socially weak, but in a complex and problematically applicable manner. The established legislative trend in the form of large debt amnesties for certain types of claims is a moral hazard for society.