Suits That Stop Enforcement: Objection to the Claim, Objection to the Certificate of Execution, and Third-Party Objection

Abstract

This volume asks whether execution aimed in the wrong direction can be stopped through the right procedure. The existence of the claim, the conditions and succession recognized by the execution clause, and a third party's rights in the subject property are matters for different objections. Filing a suit also differs from having execution stayed. The path to relief opens where an objection suit suited to the right, condition, succession, or third-party right in dispute is filed and the necessary stay order is also obtained, and closes where only the objection suit is filed without any ruling providing a basis for a stay of enforcement, so that no effect of halting the current execution arises. The six sections address, in turn, objections to the right itself, objections to conditions and succession, execution reaching another person's property, the difference between filing suit and a stay, the requirements for interim measures, and the different effects of a stay and a revocation. The strongest counterargument is as follows. The fragmentation of objection remedies imposes an excessive burden of choice on right holders facing imminent execution. Emergency measures in general and audits of institutional authority are not addressed in this volume.