Litigations for the property realization in the enforcement proceeding acts annulment
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Abstract
The article analyzes legal regulation problems solving litigations for the property realization in enforcement proceedings acts annulment.
The purporse of enforcement proceeding – to find debtors property, arrest it, realize and on receipt of money to give an account to debtors creditors. That is why debtors property realization –one of general stages in enforcement proceeding which substantially influence the success of the whole proceeding. But often happens that in realization of property are violated enforcement proceeding’s parties or third parties rights.
In discussion of such character litigations occurs problem with the evaluation of violated rights defense methods. The author of the article notes that the violated rights can be defended in two ways: giving complaint for bailiffs actions and by giving claim for the property realization act annulment.
Article discusses property realization in enforcement proceeding act’s enactments procedural order and import, the arise moment of property rights to realized property in the enforcement proceeding, the basics of auction acts annulment established in laws and raised problems of such matter civil cases in court practice. More attention paid to basics of procedural property realization in enforcement proceeding act's annulment.
Procedural violated rights defense is possible in two ways: giving complaint for bailiffs actions and by giving claim for the property realization act annulment. On the first case, violated rights can be defended until the property vendee purchases ownership rights to the property that is to say by specific proceeding order. After that violated rights can be defended only by litigation proceeding order by contesting the new owners ownership right to the purchased estate.
The purporse of enforcement proceeding – to find debtors property, arrest it, realize and on receipt of money to give an account to debtors creditors. That is why debtors property realization –one of general stages in enforcement proceeding which substantially influence the success of the whole proceeding. But often happens that in realization of property are violated enforcement proceeding’s parties or third parties rights.
In discussion of such character litigations occurs problem with the evaluation of violated rights defense methods. The author of the article notes that the violated rights can be defended in two ways: giving complaint for bailiffs actions and by giving claim for the property realization act annulment.
Article discusses property realization in enforcement proceeding act’s enactments procedural order and import, the arise moment of property rights to realized property in the enforcement proceeding, the basics of auction acts annulment established in laws and raised problems of such matter civil cases in court practice. More attention paid to basics of procedural property realization in enforcement proceeding act's annulment.
Procedural violated rights defense is possible in two ways: giving complaint for bailiffs actions and by giving claim for the property realization act annulment. On the first case, violated rights can be defended until the property vendee purchases ownership rights to the property that is to say by specific proceeding order. After that violated rights can be defended only by litigation proceeding order by contesting the new owners ownership right to the purchased estate.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
