Amendment to the Civil Procedure Code and the Enforcement Regulations in relation to the common property of spouses
Abstract
Amendments to Rules of Civil Procedure and Enforcement Code from 1 January 2014 affected the enforcement (execution) relating to assets in the common property of spouses. Likewise, the new Civil Code allows the debt of one of the spouses was satisfying not only the exclusive property of the husband to whom the debt incurred prior to the marriage, but even then the joint property of spouses.
The author in his article explains in detail the cases where it is now possible to capture the joint assets for debt that was only one of the spouses. First focuses on the interpretation of marital property, then the cases in which under the new legislation affected by foreclosures.
In the end concluses, that negative aspect of the new legislation is the result of debts incurred before marriage by one spouse to the other spouse. How will this matter wiil be shown to new case law.