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Executory process / The verdict of the court of his son confiscate apartment. He is the owner of only ½, and State Executive was an act of inventory and seizure in respect of the entire apartment. Is it possible to appeal against such a deed?
First of all property in common shared ownership may be subject to an independent, provided that it is isolated and transferred in kind.
From the content of Art. 52 Law of Ukraine "On Enforcement Proceedings", it follows that if the debtor owns property jointly with others, collecting addresses on its share, which is determined by the court on the proposal of the Executive.
Reasonable conclusion would be that the State Executive must consult with the appropriate representation to the court in order to allocate part of the nature that belongs to your son.
In accordance with Art. 57 Law of Ukraine "On Enforcement Proceedings", the arrest of the debtor‘s property is used to provide a real execution.
The arrest of the debtor‘s property may be imposed by the state performer: a ruling about the arrest of funds and other assets of the debtor held on accounts and deposits or deposited in banks or other financial institutions; a ruling on the arrest of funds available at the box office of the debtor or entering into it; a ruling on the seizure of property of the debtor and the announcement of the ban on his alienation; inventory of property of the debtor and the imposition of a seizure.
Terms stipulated by part two of this article may be seized in the amount of recovery based on the collection of the executive, the costs associated with the organization and conduct of executive actions and state enforcement of fines applied, all property of the debtor or individual items.
Based on the above standards it is obvious that the State Executive has the right to seize only part of the property that belongs to your son.
It should also be noted that the jurisprudence that has developed on this issue quite unique, and therefore, in our opinion, in this case it is necessary to apply to the court to exclude the property (apartments) from the act of inventory and seizure.