Change and Constancy

Social considerations in the enforcement procedure, with particular regard to the exemption of wages and monetary claims

Abstract

The enforcement of court decisions in civil matters was once exclusively within the jurisdiction of the courts, but today this task has partly merged with notarial duties, because notaries nowadays issue a larger number of enforceable decisions than the courts themselves. Enforcement has always been an area where the legislator had to maintain a delicate balance between the principle of unconditional enforcement of claims and social sensitivity, in other words, between protecting the interests of the claimant or the debtor. This study examines this search for equilibrium through an overview of the history of the rules on wage garnishment and attempts to find answers to some current legal questions through it.