Knock of the hammer - the need to investigate the existence of a ground for suspension of execution

In judgement file no. II. ÚS 4072/18 of 15 August 2019, the Constitutional Court commented on the issue of hammering in the auction. At the heart of this judgment, it is stated that although it is not possible to suspend enforcement of the decision by selling real estate after the imposition of the resolution of knock-down (i.e. after the auction), the general courts are obliged to consider the reason for the suspension of execution, which the executor or court knew or should have known, regardless of whether the petition for suspension of execution was also filed. If the objection is justified, the court must change the resolution of knock down in spite of the auction already carried out so that the knock-down is not granted. If the court did not address the objection, it would violate the right to a fair trial pursuant to Article 36 (1) of the Charter of Fundamental Rights and Freedoms.

More info:

https://www.usoud.cz/fileadmin/user_upload/Tiskova_mluvci/Publikovane_nalezy/2019/II._US_4072_18_an.pdf



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