Internet domain enforcement - is it possible?
It is known that having your own internet domain very often makes it possible to earn really huge amounts of money, which undoubtedly becomes an important asset for the person running such a website. Is the execution against the Internet domain admissible then?
Internet domain enforcement and the right to use it
Pursuant to the resolution of the Supreme Court (file no. III CZP 109/07), it should be clearly assumed that the creation of a domain (registration) is tantamount to the creation of the right to exclusive use of it, while this right should be understood as a property right, transferable (by way of cession or lease) and it is possible to collect benefits resulting from the sale of this right. The Supreme Court stated that:
|“(...) the legal sense of the agreement for the registration and maintenance of an internet domain is reduced to the registration and maintenance by a registrant in the world domain designation system of a strictly defined name assigned to an individualized entity (registered entity). In the legal sense, this results in the fact that the registered entity obtains exclusive use of the new, registered domain in the Internet network (...) "|
Following the judgment of the Court, we should assume that since the right to a domain is a property right, the provisions of the Civil Code (especially Art.909 et seq. Of the Civil Code) will apply, and thus is undoubtedly subject to enforcement.
Internet domain enforcement - procedure
In order to be able to carry out enforcement in such a case, the creditor must of course have an enforcement title against the debtor and, in addition, must submit an application to the bailiff to initiate enforcement proceedings from the Internet domain. In such an application, the creditor should indicate exactly the address of the party (domain name), submit an application for seizure of such right and its sale in enforcement proceedings. Attachment of such a right takes place at the time of delivery of the notice of attachment to the person who, by virtue of the law, has an obligation towards the debtor (i.e. upon notification of the Scientific and Academic Computer Network). upon delivery of the notice of seizure.
Satisfying the creditor with the seized law takes place from the income obtained, if the right generates income, or from the sale of the right.