Abstract

This principle is not explicitly regulated in any article of the Code of Civil Procedure; however, it is inferred from numerous provisions of the Code. According to this principle enforcement should be conducted without excessive nuisance to the debtor. It should be applied with respect for the regulations in force and priority being given to effectiveness of enforcement.

The most significant aspect of the analyzed principle is regulated in Art. 799 of the Code of Civil Procedure. According to Art. 799 § 1 of the Code, the creditor should apply the method of execution which is the least onerous for the debtor. However, after the amendment to the Code of 10th July 2015 come into force (in August 2016), the enforcement authority will be obliged to apply the method of execution which is least onerous for the debtor. The amendment will also modify other provisions regulating the principle of equivalent nuisance of enforcement.