WHEN the deputies adopt the new version of the Law on Business Companies, and the proposal has entered the procedure, the owners of real estate to whose addresses the companies have applied, without approval, will be able to sue them.
As incredible as it is, this situation is not completely unknown to taxpayers or executors. If the property owners, through no fault of their own, found themselves confiscated, they could file an objection. And in order to save the landlords who rent out their squares from the same trouble, it is best to list all their belongings in the contract.
The Chamber of Public Enforcement Agents explains that they do not have insight into individual cases, as well as records of cases in which enforcement debtors are business entities registered at addresses without the consent of the owners of the facilities.
– We know that such cases have been recorded in a number of enforcement proceedings, but they do not prevail – they say in the Chamber. – The public executor has a legal obligation to submit acts to the address of the seat of the business entity, which is registered in the Business Registers Agency or to the address for receiving mail. The fact that a company is fictitiously registered at an address does not mean that in practice the property will be confiscated. The Law on Enforcement and Security provides the basis for the public executor to make an inventory of movables in that facility, and the owner, as a third party, has the opportunity to file a complaint requesting that the execution be declared inadmissible and to submit evidence. And during the census itself, he can make a remark that he has rights to certain things that prevent execution.
In case the debtor is a tenant, who has registered residence at a certain address, the Law on Enforcement and Security provides the basis for the public enforcement agent to list the movables in the apartment.
– If the owner of the apartment is also the owner of the things in it, he has the opportunity to submit evidence of his property – say the executors. – Due to the above, it is important that the owner of the apartment and the tenant conclude a lease agreement stating whether the apartment is rented empty or not, stating the specific things that belong to him. The contract must be notarized. With such a contract, in the event that there is a list of movables in the apartment, whether due to the debt of the owner or tenant, it will be easier to prove ownership.
WHEN debts are incurred due to unpaid utility services, the executive debtor is the one who is officially registered with the utility company as a user.
– The lessor and the lessee in their mutual relationship regulate who pays for communal services during the lease and how the fulfillment of this obligation is controlled – they say in the Chamber of Public Executors.
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