Abstract

Abuse of right is a subtle and difficult-to-detect enemy of good faith in the enforcement process. The Enforcement Code does not contain explicit regulations on it, nor dedicated remedies. However, by supplementing its provisions with those of the Civil Procedure Code, certain procedural antidotes are identified, which will discourage the abusive behavior of the parties to the enforcement procedure. The article also presents an analysis of the vulnerability and openness to abusive use/interpretation of certain norms in the Enforcement Code, as well as a list of sanctioning or compensatory measures directed towards certain bad faith behaviors of the debtor or creditor in the enforcement procedure.

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