People who have had to decide whether or not they want to apply for court proceedings on any type of issue, and how to protect their rights, will likely think about not only the chances of obtaining the required court decision but also whether the court will provide them with something. These situations are common in civil cases.
Many people have experienced situations where “winning” a court matter is one thing but getting the outcome you want is another. The issue of mandatory execution of a court order that has been entered into force, as well as other documents, is handled by the territorial departments of compulsory execution. There are also organizations that provide “collection” services. These organizations have the disadvantage that it is difficult for a person to make a court order if they don’t have anything. With the advancement of internet technology and information technologies, anyone who finds themselves in a position where he has to review any case before a judge and is likely to make a decision against him, has the legal right to dispose of all property that is registered to him, both immovable and movable, to protect himself from future risks.
In my legal practice, clients often don’t know how to check the property status of someone outside of court. First, you should file a complaint to the relevant law enforcement agencies. This is a powerful tool, as it allows for information to be requested about the property status of an individual. In practice, however, it often happens that parties have civil law relations. If this is the case, an order is made to not initiate criminal proceedings.
Clients may choose to use logical but not necessarily the best tactics in the future to protect their rights. In most cases, a pre-trial claim is not required in cases in courts with general jurisdiction. Unscrupulous individuals can legally or actually reissue an apartment, house or land by concluding a contract for sale, gift, etc. after receiving a pretrial claim and a copy. This is possible even during the judicial process or after entry into force of the decision.
Only accurate and current information regarding a person’s property status is possible in such cases.
A lawyer can request documents, certificates and characteristics in order to obtain legal assistance from the state and other organizations.
A lawyer is required to provide information about the rights to immovable properties belonging to a person in order to prepare legal documents for court proceedings. This is in accordance with Article 29 of the Law of the Republic of Belarus, “On State Register of Immovable Property and Rights to It, Transactions with It”.
Before applying to the court, the lawyer can obtain information about any type of real estate on the territory of Belarus. This includes relevant and non-relevant properties that are registered under the name of a specific person.
Lawyers have the same rights with respect to movable property, including cars and small courts.
Separately, I would like to highlight that many clients don’t know or realize that the Republic of Belarus has an Article 23 of Marriage and Family Code. According to this article, any property acquired during marriage by spouses regardless of who or how much money was contributed to it, is their common property.
It follows from the above that it is reasonable not only to check the debtor’s property status, but also their spouses. If registering property in the name or spouse under a reimbursement transaction, the share of each spouse is half.
Affirming the above, I recommend citizens seek the legal help of lawyers before applying to court. They should first receive information out-of-court about the availability and legality of human property quickly and legally. Then, they can apply to court to protect their rights, including a petition to prohibit the alienation or seizure of such property.
These measures will enable you to make an informed decision about the best way to apply to court to protect your rights. They also save money and increase your chances of success.