Synergy Cooperation of Third Parties within Enforcement Procedure with Regards to Amendment of Enforcement Act, Act No. 139/2015 Coll.
Abstract
The author discusses legislation on synergy cooperation of third parties within the amendment of Enforcement Act, Act No. 139/2015 Coll. He focuses on new obligation of judicial officer to consider marital property arrangements between spouses in case the arrangements are listed in Document Register on Marital Property.
The obligation of judicial officers brings obligation to Chamber of Notaries to submit the enlisted data on written request of judicial officer free of charge. There is a technical legislative mistake being pointed out, which could possibly make the amendment ad absurdum legally ineffective, because verbatim interpretation of the amendment can possibly come to conclusion that judicial officer may not take the content of documents on marital property arrangements into consideration.