nevymahatelnost

Nevymahatelnost is a legal concept describing the situation in which a creditor cannot enforce a claim against a debtor by legal means. It refers to the practical or formal inability to compel performance, even though a duty or debt may exist on paper. The term is used in civil law traditions in Central Europe to denote that the means of enforcement are ineffective or inapplicable.

Causes of nevymahatelnost include the absence or invalidity of an enforceable title, such as a valid court judgment, notarial deed, or other instrument that authorizes enforcement. It also commonly arises from prescription or statute of limitations, where the creditor’s right to enforce has expired. Additional situations involve the extinguishment of the claim through settlement, payment, or release, as well as insolvency of the debtor where assets are insufficient to satisfy the claim or where certain assets are legally exempt from seizure. Procedural or jurisdictional obstacles, including cross-border enforcement difficulties or defects in legal proceedings, can also produce nevymahatelnost.

In practice, nevymahatelnost affects both creditors and debtors. For creditors, it represents a risk of non-recovery and may lead to the classification of a claim as bad debt. For debtors, it provides relief from ongoing attempts to collect a debt that is no longer legally enforceable. The concept is particularly relevant in civil and commercial law, including consumer credit and corporate debt, and it intersects with insolvency regimes and international enforcement issues.

Remedies or responses include seeking to obtain or restore an enforceable title, interrupting or tolling prescription where permitted, pursuing alternative remedies such as collateral or guarantees, restructuring the debt within legal frameworks, or recognizing that the debt may be uncollectible and accounting for it accordingly.