Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 40-51, Maio-Agosto, 2019  42 Enforcement is only possible when the enforceable title has been served on the defendant – and/or third party (articles 926 I, 924 Code of Civil Procedure). Judgment debtors should not be unnecessarily threatened by en- forcement at times set aside for sleep or specific reasons, as religious wor- ship. Nevertheless, special permission may be obtained from the enforce- ment court for enforcement to take place outside normal hours (article 32 V Law 434/1976, article 34 Law 2010/1972, articles 929 III and 125 II Code of Civil Procedure) 7 . Search and seizure : Greek law protects the right to privacy and does not permit house search, except in accordance with the law and in the presence of representatives of the judiciary (article 9 Constitution). If the bailiff has to force access, either because the debtor refuses permission or because the debtor or a representative of his is not present, the bailiff must engage the offices of one additional bailiff or two adult witnesses (article 930 II Code of Civil Procedure). In case there is a real threat of violence, the bailiff may call on the assistance of the force publique (article 292 II Code of Civil Procedure and article 25 Decree law 1210/1972). The Constitutional Bases of the enforcement trials The enforcement itself, for the satisfaction of monetary claims, using the seizure and the public auction of all debtor’s assets, is in conflict with the individual right of property (article 17 Constitution). When the seizure of movable assets (articles 953 ff Code of Civil Procedure) or the enforcement of judgment ordering the rendering of movable objects (articles 941, 942 Code of Civil Procedure), requires search in the debtor’s (article 929 Code of Civil Procedure) or a third per- son’s domicile (article 982 Code of Civil Procedure), protection of domi- cile’s refuge (article 9 Constitution) is stepping back. In case body search of the debtor’s is permitted, in order to discover money or other precious objects that could be seized (article 929 par. 1 Code of Civil Procedure), then there is an issue of human value’s offence (article 2 par. 1 Constitu- 7 E.N. Moustaira, Greece, in : Enforcement of judgments (co-ordinator: W. Kennett), European Review of Private Law 1997, 321-428 (356).