PRACTICAL PROBLEMS OF THE ISSUANCE AND RETURN OF A WRIT OF EXECUTION

Abstract

The issuance of a writ of execution is one of the necessary conditions to begin the enforcement process, because without a writ of execution this process cannot be started. When a party to a dispute does not comply with a court decision in good faith (voluntarily), the other party has the right to apply to the court for the issuance of a writ of execution based on this decision, which can be submitted to the bailiff for enforcement. This article examines the conditions under which the court has the right to issue a writ of execution and what problems arise in judicial practice when solving this issue. The article examines how the resolution part of a decision should be formulated in order to ensure the prompt issuance of a writ of execution, alongside how the enforceability of the decision is understood when solving the issue of the issuance of the writ of execution. The article also examines the cases in which an enforceable document (a writ of execution) can be returned after the completion of the enforcement case, instead of issuing a new one.

Keywords

• enforcement proceedings; a peacefull agreement; an enforcement title