Mode of proceedings for judicial enforcement against immovable property

Abstract

In the first part of the paper simplified enforcement against immovable property regulated in articles 10131–10136 of the Code of Civil Procedure was described in the general way. With regard to this issue it has been stated that this enforcement is neither separate kind of enforcement, nor manner of enforcement of pecuniary obligations, but specific kind of enforcement against immovable property which is present along with ordinary enforcement against immovable property regulated in articles 921–1013 of the Code of Civil Procedure. Simplified enforcement against immovable property should be recognized solely as the mode of enforcement proceedings aimed at executing simplified enforcement against immovable property. In the second part of the paper procedural implications of accepted qualification of simplified enforcement against immovable property were presented. With regard to this issue it has been stated that regulations on simplified enforcement against immovable property have iuris cogentis character. Decision on executing of simplified mode of enforcement against immovable property is made by court enforcement officer ex officio. An application of creditor has no significance in this regard. Court enforcement officer ex officio decides whether enforcement against immovable property is performed in the proper mode at every stage of enforcement proceedings referring to enforcement against immovable property. In case court enforcement officer states the wrong mode of enforcement proceedings, he or she should change it into appropriate mode. In final part of the paper the conditions and procedural consequences of the change of the mode of enforcement proceedings referring to enforcement against immovable property have been presented.