Enforcement Law and its Executive Regulation

Article 1

  • In this Law, the following terms shall have the meanings assigned thereto, unless the context requires otherwise:

    • Law: Enforcement Law.

    • Regulations: Implementing Regulations of this Law.

    • Minister: Minister of Justice.

    • Enforcement Judge: Head of the enforcement circuit and its judges, a judge of the enforcement circuit, or a judge with the power of an enforcement judge, as the case may be.

    • President: Head of the enforcement circuit, a judge of the enforcement circuit, or a judge with the power of an enforcement judge, as the case may be.

    • Enforcement Officer: A person in charge of executing enforcement procedures in accordance with the provisions of the Law.

    • Process Server: A court process server, the party seeking enforcement, or a person licensed by the Ministry of Justice to serve notices, court dates, orders, and judicial documents required for enforcement.

    • Judicial Sale Agent: A person licensed by the Ministry of Justice to sell the assets of a debtor in order to repay the creditor.

    • Decisions: The orders and procedures carried out by the enforcement judge except for his judgment on disputes.

    • Enforcement Disputes: Suits arising from enforcement contesting its validity filed by the litigants or others.

Chapter 1

Chapter 1: Jurisdictions of the Enforcement Judge

Article 2

  • Except for judgments and decisions issued in criminal and administrative suits, the enforcement judge shall have the power of compulsory enforcement and supervision thereon, and shall be assisted by an adequate number of enforcement officers. Provisions of the Law of Civil Procedures shall be applied unless otherwise provided for in this Law.

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Article 3

  • The enforcement judge shall decide on enforcement disputes regardless of their value, in accordance with provisions governing summary proceedings. The enforcement judge shall also issue enforcement decisions and orders and may seek the assistance of the police or the law enforcement agency. He shall also have the power to impose or lift travel bans, order imprisonment or release, order disclosure of assets, and review insolvency claims.

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Article 4

  • The venue of jurisdiction of the enforcement judge shall, as the case may be, be:

    • 1. in the court circuit issuing the enforcement document;

    • 2. in the location where the document is issued;

    • 3. in the debtor’s domicile; and

    • 4. in the location of the debtor’s real estate or movable assets.

  • The Regulations shall specify the necessary provisions of this Article.

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Article 5

  • In case of multiple enforcement circuits, the enforcement judge who carries out the initial enforcement proceeding shall have the power to supervise the enforcement and distribution of its proceeds. He may assign an enforcement judge from another circuit to enforce upon the debtor’s property. The Regulations shall specify necessary provisions.

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Article 6

  • All decisions of the enforcement judge shall be final. His judgments relating to enforcement disputes and insolvency claims shall be subject to appeal and the appeal judgment shall be final.

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Article 7

  • In case of aggression, resistance, or attempt to hinder execution, the enforcement judge shall take all precautionary measures. He may order the competent agencies to provide necessary assistance. Enforcement officers may not break doors or undo locks forcibly to carry out the enforcement except with the permission of the enforcement judge pursuant to a signed warrant.

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