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Executory Procedure Code Amendment

Executory Procedure Code (Act No. 233/1995 Coll.) has been extensively amended as of 1 April 2017 (“Amendment“).

The Amendment introduces mainly following changes:

  • The only executory court with territorial jurisdiction for the whole Slovak Republic is District court Banská Bystrica; 
  • Court assignment of executors; the court assigns executor to the beneficiary on the basis of a random selection from executors performing execution-activity within the territory of the County court in which there is permanent residence (or the registered seat of legal entity) of the debtor, or where there is respective administrative authority if state is the debtor;
  • The execution petition may be newly filed only electronically with authorized electronic signature. Should the beneficiary not be able to use the authorized electronic signature, it may file the execution petition with any executor at a stipulated fee; filing the petition with a specific executor does not mean the assignment of this executor; 
  • Extension of reasons for suspension of the executory proceedings – executor shall suspend the executory proceedings:
  • (a) if within 5 years following the commencement of execution on natural person´s property (30 months in case of legal entity), executor did not determine property or income of the debtor that may be subject to execution in the amount to cover at least the executor expenses;
  • Subject to meeting the statutory conditions, debtor - natural person has the right to pay its liability in instalments even without the consent of beneficiary.

Execution proceedings initiated prior to effectiveness of the Amendment should continue according to previous regulation.

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