The master's thesis addresses the issue of an action for determining inadmissibility of
enforcement as a specific extraordinary legal remedy in enforcement proceedings, both in
theory and judicial practice. The action for determining inadmissibility of enforcement serves
to provide the debtor and third parties with an effective means to defend and protect their legal
interests during the enforcement process. The action for determining inadmissibility of
enforcement directly derives from the debtor's legal remedy of objection. The debtor may file
such an action if the first-instance court rejected his objection based on facts that were disputed
by the two parties and these facts relate to the claim itself directly. Due to the principle of strict
formal legality, the debtor cannot challenge the existence and amount of the underlying claim
as established in the enforcement title; rather, they may only contest the admissibility of the
enforcement based on oppositional and impugnation grounds. A distinctive feature of
enforcement proceedings is the broader scope of persons entitled to file legal remedies, as third
parties' rights also may be affected during the enforcement process. Consequently, a third party
also has the right to file an objection and, in the event of its dismissal, may also bring an action
for determining inadmissibility of enforcement on the grounds of exclusion.
|