Decision related to the objectionability of claims

Decision of the Supreme Court of the Slovak Republic concerning the interpretation of the term “enforceable claim” in connection with the objectionability of legal acts

Based on the petition filed by our law firm, the courts assessed the matter of interpretation of the term “enforceable claim” in connection with the objectionability of legal acts. The content of this term is crucial for the possibility to file a petition to invalidate the legal act and thus crucial for the success of the petition and the ability of the creditor to satisfy his claim from the property transferred by the debtor intentionally to a third party. The first instance court and the appellate court agreed with our argument that the term “enforceable claim” should be interpreted in favour of the creditor and thus as the actionable claim and not as enforceable claim. The appellate court as the same time stated that it represents a question of fundamental legal significance and for that reason it admitted the possibility of appeal against the judgement. The Supreme Court of the Slovak Republic confirmed the correctness of our arguments by its decision in case No. 2 Obdo 69/2012 and the petition was successful.