| Popis: |
The subject of the seizure of the worker's wage is regulated in the German Civil Procedure Code (GCCP) article 850 and onwards. GCCP article 850c regulates in detail the non-seizable amount of workers' wages. The provision of GCCP article 850c/1 is as follows; "Earned income shall be exempted from attachment provided it does not amount to more than 1,178.58 euros per month, 271.24 euros per week, or 54,25 euros per day, depending on the period of time for which it is being paid". However, this provision may lead to unfair consequences and injustices for both the debtor and the creditor in concrete cases where the debtor's or creditor's special and individual needs are in question. The German legislator has brought the provision of GCCP article 850f, taking into account these unjust results and injustices. With the provision of GCCP article 850f, inconveniences that may arise with the general regulation of GCCP article 850c can be eliminated by balancing appropriate to the concrete case (by realizing concrete case justice). Paragraph 2 of GCCP article 850f, which constitutes our subject, allows the non-seizable amount of the worker's wage in GCCP article 850c to be reduced for the benefit of the creditor of the claim arising from the willfully committed wrongful act. The provision of GCCP article 850f/2 is as follows; "Should compulsory enforcement be pursued for a claim arising from intentionally committed tort, the execution court may determine, upon the creditor filing a corresponding petition, the attachable part of the earned income without taking account of the limitations provided for in section 850c; however, the debtor is to be left with sufficient funds to cover his necessary maintenance and to allow him to fulfil his current statutory obligations to pay maintenance". In our study, all paragraphs of the GCCP article 850f provision will not be examined, but only the conditions, procedure and results of the determination of the seizable part of the worker's wage by the enforcement court at the request of the creditor in the enforcement proceedings of the claim arising from the deliberately committed tortious act. |
