THE COERCIVE ENFORCEMENT OF NON-PECUNIARY (PERSONAL) JUDGMENTS

Abstract

This article analyzes the problems of enforcement of non-pecuniary (personal) judgments. Such judgments are characterized by a specific coercive enforcement procedure, as it can only be executed by a specific person (debtor), and ordinary enforcement measures are generally not applied. The legal acts regulating the forced enforcement process determine several sanctions that the court has the right to apply to a debtor who does not comply with a personal court decision. Such sanctions are regulated in Article 145(9), Article 273(3), and Article 771(6) of the Code of Civil Procedure of the Republic of Lithuania. In court practice, a number of questions arise regarding the interpretation and application of the bases of these sanctions and their mutual compatibility. This article examines the cases in which the court should apply the sanctions established in the aforementioned articles and how their application allows the goals of the enforcement proceedings to be achieved. The article raises the question of whether the grounds for the application of these sanctions are adequately regulated, or whether the judicial practice interpreting them is justified.

Keywords

• enforcement
• non-pecuniary (personal) judgment
• fine in coercive enforcement proceeding