Abstract
Abstract Nowadays, enforcement is one of the crucial elements of justice. Right to the property is guaranteed by the constitution and therefore exercising property rights is one of the key goals of justice, the latter is implemented through effective and efficient enforcement. The present study is mainly dedicated to the specifics of enforcing property rights. Methods used in the research involve qualitative study, the latter encompasses observation of rules and regulations in national and international practices based on primary and secondary legal and historical sources, including official legal documents, court decisions as first-hand material, as well as derived sources such as various articles, monographs, comments on laws and regulations, etc. The comparative method used in the study is aimed at demonstrating differences and similarities of enforcement rules and procedures in different legal systems, revealing their advantages and disadvantages, while practical examples focus on the identification of gaps to lay the path for better legal solutions. The complex scrutiny of the subject to the present research allows to review it from different angles and suggest legal recommendations to raise the efficiency of the enforcement system and subsequently provide a firm basis for justice.
Highlights
Enforcing a legal judgment is an integral part of the available court right
Main Text Despite the fact that the debtor is the one, who has violated the rights of the creditor and the judgments against him/her, as well as enforcement proceedings, s(he) is entitled to require protection of his/her rights envisaged by the law
Under the Georgian legislation, the property which cannot be used as a source for debt recovery is separately allocated and explained, what it might imply, if we look at the same legislative regulation of different countries, we'll see that, in some cases, compared to Georgian legislation it is defined more precisely
Summary
Enforcing a legal judgment is an integral part of the available court right. Any third party having the right to sequestrated items can apply to the court on the legal boundaries of which the enforcement is carried out and can demand that the property is not sequestrated. The court found that the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights applied to enforcement proceedings. According to Article 6 of the Convention - “It would be inconceivable to be described in detail the procedural guarantees for the parties of the dispute under Article 6§1, in particular- the right of fair, timely and effective trial and at the same time did not envisage enforcement of the court decision” (European Court of Human Rights, 1997). “In relation to subsequent cases discussed by the court it has been determined that regardless of the nature of the enforcement document, it is obligatory for enforcement” (Uitdehaag, 2013)
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