Enforcement and Bankruptcy Law

Enforcement proceedings are initiated by a creditor before an enforcement office to recover a debt through state enforcement where the debtor has failed to perform the obligation. Enforcement is divided into proceedings based on a judgment and proceedings without a judgment.

Judgment-based enforcement is initiated on the basis of a court decision.

Enforcement without a judgment may be initiated to collect money or security claims without first obtaining a court decision. In addition, eviction from leased immovable property may be sought through an enforcement office without a judgment, even though it is not a money or security claim.

Enforcement courts examine debtors' objections to debts and signatures and complaints by creditors or debtors about acts of enforcement offices. Allegations must be supported by written evidence and that, where written evidence is unavailable, an application must be made to the ordinary courts.