The purpose of this master's thesis is to present the position of various participants in the enforcement of real estate. In the enforcement procedure, the interests of the debtor and the creditor are in conflict. Also the interests of the buyer of the real estate have an important role.
Enforcement proceedings are a very important part of the judicial protection provided to creditors by the state, as they enforce creditors' claims that the debtors have not fulfilled voluntarily. In the enforcement procedure, the interests of the creditor, who demands the judicial enforcement of his claim, are pursued, and it is important for him that his claim can be repaid in the largest possible share and in the shortest time possible. The creditor may also demand the sale of the debtor's real estate to repay his claim, which can present a heavy burden for the debtor, especially if this real estate is also his home. The sale of the debtor's real estate encroaches on the debtor's human rights, especially the right to peaceful enjoyment of property, and the debtor may also be left without adequate housing.
In order to prevent the worst consequences of the sale of the debtor's real estate, the law provides various mechanisms by which the debtor can prevent the enforcement on his real estate or at least temporarily prevent its consequences. The purpose of this thesis is to present the rights by way of which the creditor and the debtor can assert their interests and protect their position in the enforcement on real estate, while I also wish to present the impact of the rights of one party on the interests of the other party.
The final consequence of enforcement is the sale of the debtor's real estate, so the role of the buyer is also important. Accordingly, I will present who the buyer may be, the manner and moment of acquiring the ownership and the possibility of the buyer to demand the transfer of the real estate into his possession.
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