Incidental disputes arising from the proceedings for the enforcement of judgments (execution)

Incidental disputes arising from the proceedings for the enforcement of judgments (execution) Abstract This thesis examines incidental disputes arising in the course of judicial enforcement of judgments and execution proceedings. Its purpose is not to assess the current legislation, but to analyse these disputes through the lens of human-rights considerations, in particular the right to a fair trial. The aim is to illuminate deeper procedural connections regarding fairness and the scope of application of procedural rights, principles and doctrines. Although the topic is not currently prominent, it remains of significant importance. Incidental disputes in enforcement proceedings operate in a specific manner, and they undoubtedly deliver a certain level of protection Parties to enforcement proceedings may reasonably expect that the authorities entrusted with enforcement will not act arbitrarily, precisely because a governing legal framework exists. Nevertheless, since enforcement is by its nature the exercise of state coercion, it is necessary to examine procedural questions related to human rights and fundamental societal values, and to consider whether the legal interests that ought to be protected de lege ferenda are duly protected de lege lata, and whether the legal framework itself infringes those...