This law regulates the procedure by which the courts enforce the compulsory performance of claims on the basis of an executable or verifiable document (hereinafter: the procedure of execution) and perform the search for a claim (security proceeding), unless otherwise provided by special law.
This law also regulates the procedure by which the courts enforce compulsory realization of private claims on the basis of a foreign enforcement document. When it comes to foreign gambling, we also enforce a legal law for your business , please read more and get in touch with us.
Launching the procedure
Article 2
The execution procedure and the proceeding procedure shall be initiated at the proposal of the executing debtor.
The proceedings referred to in paragraph 1 of this Article shall also be initiated upon official duty when it is determined by law.
Responsibilities
Article 3
Execution and security are determined and enforced by the court.
Execution and security is carried out by a court in whose territory the executing party has a domicile or a seat, unless otherwise provided by this law.
Composition of the court
Article 4
The first stage of conducting the proceedings is conducted by the judges of the individual, and in the second instance by a higher than three judges.
The Judicial Assistant may, at the discretion of the judge, be held responsible for taking certain acts, unless the law is excluded.
Urgency in Treatment
Article 5
In the process of enforcement and enforcement the court is obliged to act urgently.
On a proposal for execution, the court is obliged to decide within three days of the submission of the proposal. If the proposal for execution is based on a foreign enforcement order that has not been previously recognized by the domestic court, the court is obliged to decide on a proposal for execution within 30 days of its submission.
The time limits set by the court for taking certain actions can not be longer than three days, unless this law provides otherwise.
A party who has not taken the action unjustifiably within a deadline set by law or determined by a court shall lose the right to take such action.
The actions contrary to the provisions of st . 1 . And 2 . Of this Article shall be considered as irresponsible and inconsequential treatment of the judge in the sense of the provisions of the Judges Act.
Order of treatment and order of settlement
Article 6
The Court is obliged to take the items in the order in which they received them, unless the nature of the search or special circumstances requires action to be made differently.
Most executives who exercise their financial claims towards the same executives and the same subject of execution are settled in the order in which they have acquired the right to settle the matter, except in cases where Is otherwise regulated by law.
If, in the case referred to in paragraph 2 . Of this Article, conducts the execution procedure at the same time and before the other state organ on the basis of the regulations on the advantage of execution before a certain organ, the court shall terminate the execution procedure.
Principle of formal legality
Article 7
When the conditions are met for framing ordination of of execution and for implementation of execution, the court is obliged to render the ordination associate r trial and take actions implementation of execution.
Scope of execution and provision
Article 8
The Court determines the execution or provision of such means and those objects mentioned in the executive proposal, ie the proposal for the provision.
If several more or more cases of execution or provision are proposed, the court may, by virtue of its official nature or at the proposal of the party, limit the execution or provision, only to some of these funds , Or items, if they are sufficient to settle or secure the claim.
Execution is carried out in the extent specified in the execution report.
The court may, at the suggestion of the executing debtor or the executive duo, in accordance with this law, determine another means of execution or provision, rather than the one proposed.
An order to settle a claim or to provide such claim shall be determined and carried out to the extent required to settle or secure that claim.
Proposal from paragraph 2 . Of this Article, the parties may lodge within three days of receipt of the execution report and the proposal referred to in paragraph 4 . Of this Article, until the commencement of execution of the execution.
Decision
Article 9
Decisions in the execution procedure are brought by the court in the form of a reword or a conclusion.
The conclusion is to issue a warrant to a court executor, another employee in court or another person for the execution of certain acts and decide on issues of process management.
submission
Article 10
The provisions of the Civil Procedure Act shall be applied to the submission in the execution procedure, unless otherwise provided by this law.
Exemption
Article 11
With respect to the request for exemption, the provisions of the Civil Procedure Act will apply.
The request for exemption may be filed no later than the deadline for filing a legal remedy on execution.
Legal medicines
Article 12
Legal remedies in the execution and safeguard procedure are complaint and objection .
Against ordination, issued in the first instance may be filed, unless the s and m law om provides that appeal is not allowed .
An objection can be voiced against the execution of the execution based on the verifiable document and against the execution of the action taken in the shortened procedure.
Complaints and objections may be filed within three days of the date of delivery .
Alba Do not dispose of execution ordination , unless the law provides otherwise.
No revision or repetition of the procedure is allowed against the legal remedy issued in the execution and security proceedings.
No legal remedy is allowed against the conclusion.
alba
Article 13
Solution to the turn the Dunik of execution may kill albom except ordination of execution done on the t th on the basis of valid document and passed ordination of execution of the summary procedure, which I can argue with objection.
The execution of the execution may be challenged by the executing debtor in an action related to execution costs.
Rejection by which the execution proposer has been refused may be contested by the executing debtor.
At the ordination adopted in implementation ¹ trial of execution may be filed, unless the law stipulates that the appeal is not allowed.
Ability to decide on the design
Article 14
The Appellate Court shall decide on the matter, except in the case referred to in Article 19 . Paragraph 1. And 2 of this Law.