Court Protection of the Interests of Persons Entitled to the Right to Debtor's Property in Enforcement Proceedings

Student: Siukaeva Alana

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2020

The study is dedicated to the investigation of means to protect the rights of persons who were not involved by the court as third parties in the dispute between the debtor and the claimant, but took an unwitting part in the procedure of the execution of a court decision. All of them can be called "third parties who obtain rights to the debtor's property". In this survey, we decided to identify the following categories of such persons: counterparties of the debtor, the debtor's spouse, the mortgagee of the seized property, and the lessee of such property. It is easy to see that it was also included in the category of third parties persons who legally own the debtor's property. The protection of this category is the least developed in Russian doctrine. At the same time, in foreign legal systems, such persons can defend their interests in court, acting as an independent party.

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