Regarding the legal character of the complaint for the bailiff’s estimation of the movable property value

Abstract

The above mentioned complaint is a kind of legal measure, not mentioned in the hitherto classifications of appeals used in court enforcement proceedings. An appeal against the court enforcement officer’s appraisal should be filed with the court enforcement officer upon movable property being attached or, should this prove impossible, on or prior to the date of the auction. Pursuant to art. 853 paragraph 2 of the Civil Code Procedure, if the creditor or debtor challenges the appraisal, movable property shall be appraised by the expert upon being attached or, if this is impossible, at any later date, on or prior to the date of the auction. According to the legislation prior to the amendments to the C.P.C. in 2004, pleas regarding the estimation of movable property value were classified as, i.a., special appeals in this proceeding. Since 5 February 2005 when the pleas about estimation were removed from the C.P.C. it has been discussed whether the complaint under Article 853 of the C.P.C. has the nature of an appeal, a special form of complaint against the actions of a bailiff, or some kind of legal measure, different from appeal. From 1 January 2019, when the law on court bailiffs enters into force, the above mentioned complaint shall be replaced by reservations to the assessment of the movable property value performed by the bailiff.