Imposing an obligation on the debtor to vacate the auctioned immovable property pursuant to Section 336ja(5) of the Code of Civil Procedure in the case of an auction of a minority co-ownership interest in immovable property
2022
Abstract
The article deals with the analysis of the resolution of the Regional Court in Prague of 8 January 2020, Case No. 20 Co 414/2019. The article critically evaluates the legal conclusion that in the case of an auction of a co-ownership share, it is not possible to impose on the obligor the obligation to vacate the auctioned immovable property in the order on the bidding pursuant to Section 336j(4) of the Code of Civil Procedure.
The article analyses the relevant legislation and case-law and concludes that even in the case of an auction of a minority co-ownership interest, it is possible to impose an obligation on the obligor to vacate the auctioned immovable property pursuant to Section 336j(1) of the Act.