Enforcement title – not against the former member of the registered partnership

Constitutional Tribunal in the verdict of 3rd  of October 2017, in the case under signature SK 31/15 ruled, that art. 7781 of the Civil Procedure Code is not in compliance with the art. 45 paragraph 1 and art. 77 paragraph 2 of Constitution to the extent, in which allows obtaining – in legal proceedings against registered partnership – a court enforcement clause against former member of the registered partnership. This verdict applies, when that person is not a member of the registered partnership at the time of the commencement of the proceedings, in which a court enforcement was made.

Constitutional Tribunal considered, that this regulation deprive the former member of the registered partnership the right to access to court and impact on his legal situation, although the non-participation in legal proceedings. This person was deprived the possibility to vindicate his claims before a civil court. During the enforcement proceedings, the former member of registered partnership lacks adequate procedural resources to raise effectively content-related arguments  and charges. This being the case, he lost the possibility to obtain decision based on the merits of the procedure. Constitutional Tribunal pointed out, that there is no legal justification for weakening the former member position at the expense of the positions of creditors.

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