On Compliance of the Words in Section 396(1) of Civil Procedure Law "or the pledgee who has the right to sell the pledge on the open market", the Words in Section 396(2) "but if the application has been submitted by a pledgee – also a true copy of the pledge agreement, evidence regarding warning of the debtor, unless it does not follow from the law that such warning is required", the Words in Section 397(1) "without notifying the applicant and the debtor thereof", and the words in Para 1 of Section 397(2)"the immovable property is owned by the submitter of the application or by a debtor of a pledgee and the pledgee has the right to sell the immovable property on the open market" with Article 92 of the Satversme of the Republic of Latvia
Adjudicated
Genādijs Gončarovs, Ināra Sīle, Svetlana Tropika un Indulis Brodiņš
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24.11.2010.
25.11.2010.
On Compliance of the Words in Section 396(1) of Civil Procedure Law "or the pledgee who has the right to sell the pledge on the open market", the Words in Section 396(2) "but if the application has been submitted by a pledgee – also a true copy of the pledge agreement, evidence regarding warning of the debtor, unless it does not follow from the law that such warning is required", the Words in Section 397(1) "without notifying the applicant and the debtor thereof", and the words in Para 1 of Section 397(2)"the immovable property is owned by the submitter of the application or by a debtor of a pledgee and the pledgee has the right to sell the immovable property on the open market" with Article 92 of the Satversme of the Republic of Latvia
Case short name: The Voluntary Judicial Sale of an Immoveable Property
Constitutional Court held:
1) the words “the document itself or” of Section 396 (2) of the Civil procedure Law do not comply with Article 92 of the Satversme of the Republic of Latvia; therefore they shall be null and void as from 10 December 2010;
2) the words “or the pledgee who has the right to sell the pledge on the open market” of Section 396 (1) of the Civil Procedure Law, the words “but if the application has been submitted by a pledgee – also a true copy of the pledge agreement, evidence regarding warning of the debtor, unless it does not follow from the law that such warning is required” of Section 396 (2) of the Civil Procedure Law, the words “without notifying the applicant and the debtor thereof” of Section 397 of the Civil Procedure Law, and words “or by a debtor of a pledgee and the pledgee has the right to sell the immovable property on the open market” of Section 397 (2) (1) of the Civil Procedure Law do comply with Article 92 of the Satversme of the republic of Latvia.
