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.
Authors
- Nadezda A. Korzova
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
- Field-Weighted Citation Impact
- 0.00