Technological Challenges in the Conditions and Procedures for Execution Rights
摘要
It addresses an important and practical topic in the field of civil and commercial matters, namely the compulsory enforcement of rights (including financial rights) in court, in particular the conditions for enforcement and the resulting procedures. Particular attention is paid to the existence of an enforceable instrument (i.e. a document confirming the existence of the right, determining its amount and specifying the conditions for its execution). Enforceable instruments include a judgment issued by one of the courts in the state and decisions of other judicial and administrative bodies whose provisions provide for enforceability. The aim of this study was to assess whether the conditions required for the existence of an enforcement title exist or not, and whether to enforce such a title it is necessary to meet all the conditions specified in the law or whether enforcement is possible without meeting one of the conditions. The study ends with a number of conclusions and recommendations, in particular the need to change the provisions of the Enforcement Law to enable the execution of an enforceable writ of execution even if the condition for its execution is not met, e.g. the lack of an issue date, and to recognize the date of registration of the enforcement case as the maturity date of writs of execution whose date of issue has not been determined. The study also addressed the role of technology in speeding up procedures, increasing the accuracy of tracking enforceable instruments, and the requirement to complete all procedures leading to enforcement.