Abstract
The article deals with permissibility of procedure of enforcing acts which cannot be performed for the debtor by another person and whose performance depends exclusively on debtor’s willingness. First, the substance and the objective scope of the notion of the so-called non-substitutable act and its elements (features) are discussed. Apart from that, an exemplary catalogue of open non-substitutable acts is presented with a comment that the nature of some of them is disputed both in the doctrine and in jurisdiction. That is why, the article goes on to discuss employee reinstatement and the duty to submit a declaration of an appropriate content and in an appropriate form.
First, employee reinstatement is analyzed and it is concluded that employee reinstatement decisions are of a constitutive nature. The nature of the decision makes it unfit for enforcement, and employee reinstatement is not a non-substitutable act.
Then, the duty to submit a declaration of an appropriate content and in an appropriate form is discussed. This act is analyzed from the viewpoint of the features (elements) of a non-substitutable act and the main objective of civil proceedings, which is the realization of the norms of civil law. As a result of the analysis, it is concluded that the duty to submit a declaration of an appropriate content and in an appropriate form is a non-substitutable act and its enforcement is carried out pursuant to