Protection of the obligor in administrative enforcement against realestate

Abstract

Enforcement against real estate constitutes one of the enforcement measures applying to pecuniary obligations defined in administrative enforcement proceedings. It encroaches upon the property and personal rights of the obligor, triggering financial and legal consequences not only for the obligor concerned, but also for other persons extraneous to the enforcement, including family and household members, in the case of them using the real estate subject to enforcement for the purpose of accommodation. On the one hand it constitutes a burdensome form of enforcement for the obligor, because it applies to one of the fundamental rights protected under the Constitution, that of the property right to real estate. On the other, enforcement against real estate is costly, and does not always lead to the full satisfaction of the creditor. This is why one of the fundamental tasks placed before the legislator is to shape and ensure legal means for the obligor that would constitute a sufficient guarantee for their protection and would realise the constitutional principles of rule of law, equality, proportionality and social justice.

Keywords

• administrative enforcement
• enforcement against real estate
• legal means
• means of challenge
• procedural guarantees