ABSTRACT
Enforcement procedures, by definition, involve the implementation of an order or otherwise a claim against a debtor and in favour of a creditor. Such procedures, therefore, have an inherent unidirectional nature aimed at the satisfaction of the claim of the party instituting them with the consequent (necessary) invasion of the legal-patrimonial sphere of the party subjected to them.
Enforcement activities, however, regardless of whether they are carried out under the control or supervision of a judge or entrusted to private entities, must always ensure compliance with the fundamental principles enshrined in international charters and national constitutions to protect the dignity and fundamental freedoms of the individual.
In this chapter, the authors investigate, in a comparative perspective the institutions and rules that, irrespective of any defects in the enforcement procedure or challenges to the merits of the creditor’s claim, aim to protect the debtor from enforcement activity as such, implementing and articulating the fundamental rights of the debtor.
These forms of protection are not to be understood as tools for circumventing the enforcement claim as such, but as an expression of the necessary balance between the conflicting interests of the creditor and the debtor in order to ensure that enforcement complies with the principles of procedural fairness.
Lupoi, Michele Angelo, Enforcement – Protection of the Debtor (March 4, 2025).
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