(Ne)določenost izvršilnega naslova

slovenian

2015

volume 41, issue 3/4

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Case-law frequently encounters problems related to the enforcement of judicial decisions when their operative parts are only vaguely formulated. If the court of enforcement permits enforcement proceedings on the basis of such insufficiently determined operative part of a judicial decision, problems will later arise during implementation of the enforcement, since it may not be clear if the debtor has already fulfilled its obligations determined by the enforcement title, or the contents of the debtors' obligations may be in question. In this article, problems that occur during enforcement proceedings when the claim in the enforcement title is not sufficiently defined and the conduct of the court in such cases are exposed through specific examples of operative parts of judicial decisions and other enforcement titles.

19.01.2017