Protection of the right to property in the enforcement procedure – some peculiarities

DEZBATERI

Abstract

The present study analyzes several aspects of the protection of the right to property in the enforcement procedure, being exposed both the perspective of the third-party owner towards the forced execution and that of the pursuing creditor when his debtor is co-owner of the foreclosed asset. In relation to these hypotheses, there are different procedural means to which the interested persons can resort either to initiate or continue the forced execution in compliance with the right of the non-defaulting owners, or to protect their right in relation to an execution procedure to which they are foreign.

Keywords: objection to enforcement, non-defaulting owner, pursuing creditor, partition