Exekutionsintervention und Haftung

In the individual compulsory execution, third party rights are often affected, since the law of execution contains scarcely any provisions which could prevent access to objects which do not belong to the debtor. This means that the third party concerned has to take action against the compulsory execution. Intervention in the execution makes it possible to stop or to cancel the execution as soon as third party rights are claimed. Lutz Haertlein deals with the liability of the intervening party in relation to the judgment creditor if the intervention is unfounded. He examines the liability of the intervening party's provision of collateral, the risk liability due to procedural causes and the liability privileges if government legal procedures are used as well as the compensation for unjustified enrichment in a legal relationship in which the judgment creditor, the judgment debtor and the intervening party are involved.