Abstract

This article presents a critical analysis of the new regulation on enforcement against movables under judicial enforcement proceedings. As of 1 January 2019, the legislator has introduced such significant changes that at present it is possible to report a justified doubt as to the effectiveness of enforcement against movables and, as a consequence, its usefulness to satisfy the creditor's claims. Particularly significant is the change in territorial jurisdiction of bailiffs (Art. 844 § 1 of the Code of Civil Procedure) and interpretational doubts arising in its context, as well as the new regulation regarding admissibility of seizure of movables (Art. 845 § 2 and 21 of the Code of Civil Procedure), which in practice may lead to a paralysis of enforcement. In light of critical remarks presented in the article, one may wander why the legislator left unchanged the regulation of enforcement against movables under administrative enforcement proceedings, the content of which refers to the provisions of the Code of Civil Procedure in force before 1 January 2019.