The Action Limit and the Scope of Enforcement Immunity as an Institution of Guaranteeing the Constitutional Right of a Citizen to Housing When Introducing the Procedures Used in a Personal Bankruptcy Case

The institution of personal bankruptcy is intended to become a mechanism for finding a certain compromise between the debtor and his creditors, given that the bona fide bankruptcy presupposes that he has a desire to fulfill his obligations which he cannot realize, since he is experiencing difficulties due to the temporary financial crisis due to objective reasons. Within the framework of this article, some aspects that characterize the development of the practical application by courts reviewing bankruptcy cases, enforcement immunity as an institution of guaranteeing the constitutional right of a citizen to housing are considered. The author concludes that, at present, arbitration courts reviewing bankruptcy cases of individuals have developed sustainable legal approaches to resolving the issue of the scope of “enforcement immunity for housing”, which do not mean restrictions on such a constitutional guarantee, but fully fall within the understanding of the level of housing availability to a citizen, taking into account the need to maintain a balance of interests of persons involved in the bankruptcy process of the debtor.

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Publication Details

Journal
STATE POWER AND LOCAL SELF-GOVERNMENT
Published
2024-12-12
DOI
https://doi.org/10.18572/1813-1247-2024-12-14-18
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

The Action Limit and the Scope of Enforcement Immunity as an Institution of Guaranteeing the Constitutional Right of a Citizen to Housing When Introducing the Procedures Used in a Personal Bankruptcy Case

Nadezda A. Korzova
STATE POWER AND LOCAL SELF-GOVERNMENT
Indonesian Legal and Regulatory Studies
article

The Action Limit and the Scope of Enforcement Immunity as an Institution of Guaranteeing the Constitutional Right of a Citizen to Housing When Introducing the Procedures Used in a Personal Bankruptcy Case

Nadezda A. Korzova
article en

Abstract

The institution of personal bankruptcy is intended to become a mechanism for finding a certain compromise between the debtor and his creditors, given that the bona fide bankruptcy presupposes that he has a desire to fulfill his obligations which he cannot realize, since he is experiencing difficulties due to the temporary financial crisis due to objective reasons. Within the framework of this article, some aspects that characterize the development of the practical application by courts reviewing bankruptcy cases, enforcement immunity as an institution of guaranteeing the constitutional right of a citizen to housing are considered. The author concludes that, at present, arbitration courts reviewing bankruptcy cases of individuals have developed sustainable legal approaches to resolving the issue of the scope of “enforcement immunity for housing”, which do not mean restrictions on such a constitutional guarantee, but fully fall within the understanding of the level of housing availability to a citizen, taking into account the need to maintain a balance of interests of persons involved in the bankruptcy process of the debtor.

STATE POWER AND LOCAL SELF-GOVERNMENT
Openalex Percentile: Top 57%
Indonesian Legal and Regulatory Studies
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The Action Limit and the Scope of Enforcement Immunity as an Institution of Guaranteeing the Constitutional Right of a Citizen to Housing When Introducing the Procedures Used in a Personal Bankruptcy Case — Nadezda A. Korzova · STATE POWER AND LOCAL SELF-GOVERNMENT (2024) | TGRS Research Map | TGRS