The institute of administrative prohibition to pay out is partially based on voluntariness, which is in contrast with the very essence of enforcement law. At first glance, it seems that the institute in question is connected with administrative law, but this is not the case. The administrative prohibition to pay out is the contractual relinquishment of a future monetary claim from employment in favour of the creditor, which is approved by the debtor himself. The employer must confirm such disposal due to consequent duties that arise in the moment of confirmation. Since the institute is frequently used and its relevant regulatory framework is inadequate, the present MA thesis presents it in detail together with all open questions which were raised both by judicial theory and practice. Despite a heated debate of theoreticians on the substantive legal nature of the institute, the matter remains unsettled. However, a clear stance on the limitation of transferability of a monetary claim has been formed and statutorily articulated. Less settled is the object of administrative prohibition to pay out, which is, according to a grammatical explanation, simply a salary, but this has throughout society’s development turned out to be inadequate and limiting. The administrative prohibition to pay out has a legal consequence of the decree of execution, but only regarding the assurance of the sequence of repayment of creditors. Contrarily, this means that the administrative prohibition to pay out has no other consequence of the decree of execution, which appears especially in the possibility of reversal of the administrative prohibition to pay out from a worker concerned.
|
