Abstract

Among the methods of compulsory satisfaction of a creditor’s claim the Code of Civil Procedure lists the execution of real estate. Given the high probability of achieving this purpose with such a choice of enforcement as well as the importance of this part of the assets for the debtor, enforcement against real estate is subject to a different regulation. It could be seen already at the moment of its initiation as regards the requirement to submit a separate application. However, also a specific provision of the act refers to admissibility of conducting only one proceeding with regard to the designated real estate. Following the attachment, other creditors can only join the execution. However, there are no special regulations as to the scope of participation of all creditors therein except for identification of the rights and the impossibility of requesting that the actions be repeated. However, by referring to the provisions on joint participation in the proceedings, together with the analysis of the regulations contained in the provisions on enforcement against real estate, it may be concluded that each of the creditors acts on their own behalf, but the actions taken will be effective against the others when they lead to achievement of the purpose of the proceedings. The nature of such co-participation - in the absence of any special regulation - is similar to the principles of uniform joint participation.