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EXECUTION LIEN IN CASE LAW OF THE CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC

S. Ficova

Abstract

In the Slovak Republic divided views have persisted for several years as to whether a court executor may create a lien on immovable property in favor of the entitled party to secure the partyВ’s monetary debt claimed in the execution proceedings, and subsequently sell the obligated partyВ’s encumbered property without consent of the preferred lien creditor (i.e. the creditor in whose favor the lien has been created on the obligated partyВ’s immovable property earlier). According to one view, relying on statutory interpretation, priority is given to the lien creditor. According to the other view, invoking judicial protection, priority is given to the entitled party in the execution proceedings. Such divided opinions are present also in the rulings of the Constitutional Court of the Slovak Republic. The subject matter of this paper is a critical analysis of the reasons/arguments offered in the decisions of the Constitutional Court. Some reference is made to such one-sided views that may be considerably prejudicial to the entitled partyВ’s position in the execution proceedings as compared to other creditors of the obligated party on the one hand, that may interfere with the rights of the lien creditor, on the other hand. The goal of this paper is to look for a solution bringing some balance between the rights and interests of the preferred lien creditor and the entitled party in the execution proceedings.

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