Home Archive 2022 ISSUE № 10/2022 IS THE Bailiff OBLIGED TO APPOINT A PERSONAL REPRESENTATIVE OF THE DEBTOR IN THE HYPOTHESIS OF SERVICE PURSUANT TO ART. 47, AL. 5 OF THE CPC OF THE ORDER FOR IMPLEMENTATION UNDER ART. 417 OF THE CPC

IS THE Bailiff OBLIGED TO APPOINT A PERSONAL REPRESENTATIVE OF THE DEBTOR IN THE HYPOTHESIS OF SERVICE PURSUANT TO ART. 47, AL. 5 OF THE CPC OF THE ORDER FOR IMPLEMENTATION UNDER ART. 417 OF THE CPC

Български English

Author

Penka Popova

 

Annotation

The article focuses on examining the question whether the bailiff is obliged to appoint a special representative of the debtor in the event of service under the order of Art. 47, para. 5 of the Code of Criminal Procedure of an execution order under Art. 417 of the Civil Code.
 
 
The appointment of a special representative of the debtor in the enforcement process aims to protect the debtor's rights in the event of enforcement against him. In view of the current legal regulation of the warrant proceedings, it should be assumed that upon delivery of the execution order under Art. 417 of the Civil Code pursuant to Art. 47, para. 5 of the Civil Code in connection with Art. 47, para. 1, ex. 4 of the Civil Code, the bailiff is not obliged to appoint a special representative of the debtor in the enforcement process.

 

Keywords

special representative of the debtor, enforcement process

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