Civil execution: the search for goods by the creditor and the right to banking and fiscal secrecies

Abstract

It presents problem resulting from the absence of assets belonging to the executed party in the civil execution. It particularly investigates the crisis generated by the absence of assets, as well as the procedure carried out in order to locate assets that can be seized. It also examines the issue pertaining to banking and fiscal privacy, including an exhibition of the theorical bases of the institutes, juridical disciplines and the doctrinal and jurisprudential position on the theme. It highlights the fact that both banking privacy and fiscal privacy are based on the right to privacy, and thus posses constitutional consent. It reinforces the relativity of the right to privacy which enables the executor to have acess to the information pertaining to banking and fiscal data belonging to the executed party, once all attempts at locating assets have been implemented without success. The dissertation affirms that a contrary judicial decision does not fulfill the principle of effectiveness of procedure. It concludes that the right to credit of the executor is also in the interests of justice, and thus the right to privacy must give way when confronted by the interests, as a result of the application of the principle of proporcionality.