The author presents and analyses the
relationship between creditor’s and debtor’s rights in the enforcement
procedure with an emphasis on the role of the
state. On the
creditor’s side, both a violation of the right to enforcement as one of the elements of the right to trial and also a violation
of the right to pea- ceful enjoyment of property may
occur. On the debtor’s side, both a
violation of the right to peaceful
enjoyment of property, and in reference to interference with
home, a violation of the right to respect for private and family life may
occur. The enforcement procedure must in theory
be oriented in favour of the
creditor and his right to enforcement, whereas the debtor’s protection is pro- vided by law, both substantially (restrictions and exemptions of
enforcement) and procedurally (possibilities of filing objections and other
legal remedies). The author determines the boundary between the efficiency of
the enforce- ment and the protection of the debtor’s rights
after the consultation of the Eu- ropean Court of Human rights
(ECtHR) case-law.
The state plays
a key role, as it must
ensure an effective enforcement system while providing debtors with adequate
protection. The ECtHR sets the creditor’s repayment
as the goal of enforcement and the debtor’s
rights as restrictions on enforcement.
Moreover, the ECtHR
imposes a regulation of these relations on the state
due to its coer- cive monopoly, leaving it with a wide margin of
discretion.
Keywords: enforcement proceedings, right to trial,
right to enforcement, right to peaceful enjoyment of property, right to respect for private life and family life, proportionality.