Monograph Series · Third series › Part V Enforcement and actual performance › III-30 · First edition
Suits That Stop Enforcement: Objection to the Claim, Objection to the Certificate of Execution, and Third-Party Objection
Can misdirected execution be stopped through the right procedure?
Volume contents
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.
Synthetic case
The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.
Debtor B disputes the claim on the ground of repayment, and Third Party C asserts that the seized property belongs to C, yet execution continues.
6 sections and their questions
- 01Objections to the Right Itself
By what means is a claim extinguished by repayment to be disputed?
19 min - 02Objections to Conditions and Succession
If the succession recognized by the execution clause is wrong, what is to be disputed?
22 min - 03Execution Reaching Another Person's Property
How can an owner who is not the debtor stop the execution?
22 min - 04The Difference Between Filing Suit and a Stay
Does filing a suit contesting execution stop the execution?
22 min - 05Requirements for Interim Measures
What is the basis for stopping execution before judgment?
21 min - 06The Different Effects of a Stay and a Revocation
If execution is stopped, does execution already carried out also disappear?
19 min