Bridge pensions – for whom

Joita9865

In particular, the court does not examine whether the performance has been fulfilled; Enforcement proceedings in the strict sense of the word begin with the initiation of enforcement Article of the Code of Civil Procedure . Enforcement may be initiated after attaching an enforcement title, i.e. an enforcement title with an enforcement clause Article and Article , second sentence, of the Code of Civil Procedure . The costs of enforcement proceedings in this narrower sense do not include the costs of obtaining an enforcement clause.

Therefore, in accordance with Art. § of the Code of Civil Procedure in connection with Art. § of the Code philippines photo editor of Civil Procedure, a decision should be made on the costs of the proceedings for granting an enforceability clause, including the proceedings for granting an enforceability clause; Pursuant to art.  the Code of Civil Procedure, the debtor should reimburse the creditor for the costs necessary to purposefully carry out enforcement, including the costs of obtaining an enforcement clause. Such a regulation of the debtor's incurring costs in enforcement proceedings, unlike in the examination proceedings in which the principle of responsibility for the results of the case applies Article § of the Code of Civil Procedure.



Leads to the conclusion that the debtor should not incur these costs at all when did not provide grounds for initiating enforcement proceedings against him. This occurs when he voluntarily and within a specified period fulfills the obligation imposed on him in the writ of execution. Judgment of the Court of Appeal in Kraków st Civil Division of December , , ref. no. act I ACa / An enforcement title is a separate, formalized official document with standardized content stating the existence and scope of the creditor's claim that can be enforced and, at the same time, the existence and scope of the debtor's legal obligation. Judgment of the Supreme Administrative Court of Decembe ref.