Kai kurios turto realizavimo vykdymo procese problemos.
The article deals with some theoretical and practical issues concerning the auctioning of property of the debtor. Realization of property of the debtor is one on the main stages of an enforcement procedure, substantially influencing the success of an enforcement procedure as a whole. Consequently, the improper legal regulation of an auction can severely violate legal interests of the participants of the auction. Article 708 of the CPC contains the provision that every interested person should be given an opportunity to inspect the property put up for sale prior to the action by rules determined by the bailiff. Existent legal regulation is, in the opinion of the author, insufficient. Taking into account the necessity to protect human rights and fundamental freedoms, an inspection of a dwelling-place of a debtor should be regulated in more detail, by establishing necessary limitations aimed to protect the privacy and respect for home of a debtor and its family members. If a debtor objects the inspection of its dwelling-place, potential purchasers should be given the opportunity to enter and inspect it only if the order of court to permit the entrance to the dwelling-place is presented. CPC should also fix an obligation of a bailiff to inform the debtor about the inspection of its dwelling place in advance. Article 683 of the CPC should be supplemented by clearly fixing the right of a bailiff, in case if arrested mobile property is left in the possession of a debtor, to lay the debtor under obligation to ensure that interested persons will be able to inspect the property at the time indicated by the bailiff.
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