FIZINIO ASMENS SUBJEKTINIŲ TEISIŲ APSAUGA TAIKANT APRIBOJIMUS IŠIEŠKOTI IŠ JO TURTO VYKDYMO PROCESE

Abstract

The article analyzes the restriction of the application of enforcement measures from the debtor’s (natural person’s) property in the foreclosure process. In a property enforcement proceeding, recovery is usually directed at all assets owned by the debtor. However, in order to achieve a fair balance of the interests of the debt collector and the debtor, the law has established limitations that apply to debt collection from the debtor’s property. The article examines the purpose of restrictions on recovery from the debtor’s property, the rules of their application. In order to reveal how applying these restrictions in the execution process must be compatible with the debt collector’s interest in the effective execution of the executive document and the protection of the debtor’s rights (right to property, private life).
Keywords: enforcement, right to dignity, restrictions to seize debtor‘s assets right to property, human rights.