Legal regulation and decision-making practice in the interpretation of the term enforceable claim in proceedings on the enforceability of legal acts

Abstract

The article deals with the issue of ambiguity of the legal regulation defined in § 42a of the Civil Code. The interpretation of the term “enforceable claim” is especially problematic. This institute interprets acts differently in court proceedings. The aim of the article is not only to point out the differences in interpretation that lead to a reduction in the enforceability of the law, but also the proposals de lege ferenda in order to ensure adequate protection of the rights and legitimate interests of the creditor.