questions and answers

In which cases shall the judgement enforcement be suspended or discontinued?

(i) The judgement enforcement will be suspended in the following cases:

    1. Upon the receipt of a decision on judgement enforcement suspension from persons competent to protest the judgement or decision under cassation or reopening procedures.
    2. Upon receipt of the Court’s notice of acceptance of the application for opening of bankruptcy procedure for a judgement debtor.

(ii) The judgement enforcement will be discontinued in the following cases:

    1. The judgement debtor dies without estate or after their death, their obligations under the judgement or decision shall not be transferred, as prescribed by law, to their heirs;
    2. The judgement creditor dies but their rights and interests under the judgement or decision are not transferred to their heirs or they die without heirs;
    3. The involved parties have a written agreement or the judgement creditor has a written request to partially or fully discontinue their rights and interests relating to the judgement or decision, unless discontinuing the judgement enforcement affects the rights and interests of a third party;
    4. The judgement or decision is partially or wholly quashed. However, this does not apply if the buyer of the assets through auction has fully paid for the purchase of the assets but the judgement or decision is protested, amended or quashed. Under these circumstances, the civil judgement enforcement agency shall continue the asset handover, including coercive judgement enforcement, to the purchaser, except when the asset auction results are cancelled in accordance with the law or the involved parties reach another agreement;
    5. The judgement debtor is an organization that is dissolved and has no assets or, pursuant to the law, its obligations cannot not be transferred to another organization;
    6. There is a decision on exemption from the judgement enforcement obligation;
    7. The Court has decided to open a bankruptcy procedure for the judgement debtor;
    8. A minor who had been consigned to another person for guardianship under the judgement or decision dies or has become an adult.

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