Monograph Series · Third series › Part V Enforcement and actual performance › III-29 · First edition
From Judgment to Enforcement: Title of Execution, Certificate of Execution, and Service
Why can compulsory execution fail to begin even when there is a winning judgment?
Volume contents
Abstract
This volume asks why compulsory execution cannot begin even when there is a winning judgment. Obtaining an enforcement title is different from satisfying the conditions for commencing execution. The link among the execution clause, the fulfillment of conditions, the designation of the parties, and service is the starting point of execution. The path to relief opens where finality or provisional execution suited to the type of title, an authenticated copy, an execution clause, proof of conditions, and service are all in place, and closes where there is only a judgment that is not yet final and lacks provisional execution, or where the necessary execution clause, proof of conditions, or service is lacking. The six sections address, in turn, the judgment that opens execution, the executory authenticated copy, execution subject to conditions, execution for whom and against whom, service as a condition for commencement, and enforcement titles other than judgments. The strongest counterargument is as follows. Formal documents may further delay rights that have already been confirmed. The choice of urgent protection and the management of resources in prolonged disputes are not addressed in this volume.
Synthetic case
The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.
Creditor A obtained a winning judgment but did not distinguish between whether the judgment had been served on Debtor B and whether an execution clause was required.
6 sections and their questions
- 01The Judgment That Opens Execution
Can every judgment that has been pronounced be executed immediately?
20 min - 02The Executory Authenticated Copy
Is a copy of the written judgment the same as the document on which execution is carried out?
19 min - 03Execution Subject to Conditions
Where a performance is subject to a condition, what more must be proven?
21 min - 04Execution for Whom and Against Whom
If a right has been transferred, how is the name in the judgment carried over?
21 min - 05Service as a Condition for Commencement
Once the authenticated copy is obtained, can execution proceed without notice?
19 min - 06Enforcement Titles Other Than Judgments
Without a court judgment, is execution also impossible?
22 min