Enforcement proceedings. Executive summary


The enforcement agent enters into execution after having submitted a request to the person concerned on the grounds of the writ of execution submitted or another act to be enforced. The person who has some claim is called - Excuse. In his application to the enforcement agent, he must also indicate the manner of enforcement - one or several at the same time, while in the process he may indicate others. He may request that the debtor's assets be examined, inquiries, and copies of documents.
Application:
- movable and immovable property is filed with a bailiff with the same area of ​​action as the property;
- addressed to a third party liable shall be filed in the area of ​​enforcement of the enforcement agent identical to the permanent address or registered office of that person;
- is filed with the enforcement agent in whose area the place of performance of the obligations to act or omission is located when enforcement is sought;
- is filed with the bailiff in whose area the permanent address or address of the creditor or the debtor is located (where the claimant is dependent on the claimant).
The writ of execution is the means by which the procedure for the performance of the obligation is commenced. It is issued by the court of first instance which has dealt with the case or the court which issued the enforcement order. It is not subject to authenticity or untrustworthiness. The bailiff is not required to verify whether the parties are the subject of the case with the number listed in the writ of execution, whether the case has been handed down and what its content is. By its nature, the Enforcement Sheet contains an enforcement order that the enforcement agent is required to perform. It is only required to authenticate if there is any objection on the part of the debtor, which must be done within the period of voluntary performance or later, before the execution has taken place. He can do this check and if the spice marks are obvious. The obvious factual error can be corrected indefinitely.
A writ of execution against a legator may also be enforced on the property of his heirs unless they prove that they have renounced an inheritance or have accepted it by way of inventory.
The writ of execution also acts against a person who has placed his or her property in a pledge or mortgage to secure the debt, and the creditor may direct the execution on it even though it is not a debtor.
 


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Enforcement proceedings. Executive summary Enforcement proceedings. Executive summary