Execution procedure can be levied and conducted only when the basis for the execution exists. The basis for levying execution procedure against the debtor is, in principle, the enforceable title.
The enforceable title is the execution title appended with the enforcement clause.
The example list of execution titles:
- final and legally valid judgment of a court or a judgment subject to immediate enforcement, as well as a court settlement
- final and legally valid judgment of a court referendary or a judgment subject to immediate enforcement
- judgment by an arbitration court or a settlement reached before this court
- notarial deed by virtue of which the debtor submits themselves to execution
Pre-Clause Enforcement Litigation:
- Lawsuit,
- A court order based on the lawsuit,
- Objection to the lawsuit, or Plaintiff’s compliance with the order for payment,
- Application for Enforcement Order,
- Enforcement Title with Enforcement Clause,
- Commencement of execution proceedings.
- The enforcement clause, appended to an execution title, is a court act and as such it confirms the admissibility of the execution on the basis of a specific execution title. If necessary, it also marks its limitations. Therefore, the enforcement clause is a legal institution that prevents invalid or untimely application of coercive measures. It guarantees that the execution authorities act in accordance with the law.
- In order to enforce a final and legally valid judgment of a court or a notarial deed through which the debtor submits themselves to execution, it is also necessary to initiate the so-called proceedings on appending an enforcement clause to an execution title.
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