Who must decide whether an individual rehabilitation procedure begins, by when, and from what moment does that decision take effect?
General information · Not legal advice
Material to check
In the practice file of this exercise, we read the application to open the individual rehabilitation procedure together with the court's record of the day it was filed, because the period the provision sets is counted from that day. We then read the written decision on commencement, in which the date and hour of the decision must appear, since the provision ties the decision's effect to the moment it is made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats this as a duty resting on the court alone: the court shall decide whether to open the individual rehabilitation procedure within the period the provision sets, counted from the application date, and that decision takes effect from the time it is made, so service on the applicant or a creditor is not what gives it force.
Another reading notes that the provision fixes both the deadline and the moment of effect but states no consequence where the court decides after that period, leaving open whether lateness affects the decision's validity, and leaving the practice file to show the year, month, day and hour recorded in the written decision as the proof of when the court acted.
Your judgment
If the court ruled after the period the provision sets, what in the practice file would show whether the parties and the court treated that decision as effective?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period the court is given or the moment its decision takes effect, or if a court decision states whether a decision made after that period remains valid.