The spouse and the seizure

If a bailiff has seizure movables which are in a join control of a debtor and his spouse who stay in a statutory joint property, the spouse who is not embraced by the enforceable title, is entitled to file an adverse claim if there was a violation of substantive law, or complaint about bailiff’s actions when there was violation of executive proceedings. This is was said the Supreme Court in a resolution dated 5th of November, 2016, case No. III CZP 41/16.

This possibility occurs only if a debtor’s spouse is not embraced by the enforceable title. And he won’t be embraced by this title if he doesn’t give his approval to incur a debt by a spouse.

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