The explanation of the terms “common household equipment” and “property necessarily used by the entrepreneur for his/her business activity” in the light of the newest judicature

The regulation § 322 Act No. 99/1963 Col., Civil Procedure Code (hereinafter only “o.s.ř.”) sets which debtor´s things are not in the case of distrainment to be distrainted. In the case of the distrainment there are such exceptions underlying to this category as “common household equipment” according to the regulation § 322 Sec. 2 letter a) o.s.ř. and in the case of the entrepreneur “property necessarily used by the entrepreneur for his business activity” according to the regulation § 322 Sec. 3 o.s.ř.

These terms are often differently explained, which things belong to the term “common household equipment” or “property necessarily used by the entrepreneur for his business activity” and which not.

The Supreme Court has decided that even though these regulations are focused on the debtor´s protection, it can not be forgotten, that this protection is limited by the aim of the procedure. The aim of the procedure is to destraint from the debtor his/her duty given by the decision. According to the regulation § 322 o.s.ř. is that´s way necessary to explain this regulation restrictively, it means in the favor of the creditor and to shift under above mentioned terms only thing, which the debtor can not miss without being hurt his/her human dignity or in the case of the entrepreneur things, which enable at least in the minimal range to continue in his/her business ( i.e. decision of The Supreme Court 20 Cdo 2621/2012 from 27.11.2012).