Creditors' access to debtors' unencumbered assets

DEZBATERI

Abstract

This article is devoted to a brief incursion into the way in which creditors can access, in the context of enforcement proceedings, divisions of assets other than the one in which the obligation whose fulfilment is sought arose. We mainly aim to respond to two aspects of executive practice: (i) the determination of the subjective procedural framework when the natural person is the holder of an estate subject to division (ii) the procedural method of crossing the limits of the estate in which the obligation arose either to the estate affected by the economic activity or to the estate of own rights and obligations (traditionally known under the legally incorrect name of estate of own property).

Keywords: patrimony of affectation, authorized individual, declaration of enforceability, insolvency, disinvestment