Unseizable property and 1991 constitution

Abstract

Before 1991 Constitution, the Judge, in order to restrain himself from seizing and abducting a specific asset, had simply to search if the pursued asset was explicitly considered unseizable by a given legal provision. With the entry into effect of 1991 Constitution, the Judge should not merely revise if an asset is explicitly considered unseizable by a given legal provision, His role must go far beyond; He must analyze if by the seizure of certain assets, fundamental Rights are affected. Seizure and restrain of property and goods composing household goods, affect fundamental Rights; therefore, the Judge must restrain to decree or practice this measurement, except that falls upon ostentatious goods or that the required credit is part of the purchase of the property which assurance is required.