Enforcement of a Claim with the Support of the New Information Technology. Protection of the Creditor and the Debtor

Abstract

This paper tries to answer the question whether the use of IT in enforcement proceedings may make them more effective, so that more creditors may obtain more money out of them, in less time, with a proportionate cost for the civil justice system. The author takes into consideration several aspects of enforcement procedures (locating the debtor’s assets, filing cases, judicial auctions, the need for transparency, the duration of cases…). The issue of safeguarding the debtor’s privacy is also considered in this context. The paper especially deals with projects and developments in this area of the law in the European framework. The author’s conclusions are that IT may indeed support enforcement proceedings as concerns access to justice, reduction of delays, fight corruption, grant transparency and efficiency of the proceedings. However, the paper also advocates the creation and implementation of new procedural models specifically designed for an IT implementation.