of December 24, 2004 No. 443-XV
The parliament accepts this code.
Book the first
Execution of solutions of civil nature
(1) the Task of enforcement proceeding is assistance of realization of the rights of the claimants recognized by the executive document shown to execution in the procedure established by the law.
(2) For the purpose of accomplishment by the provided part (1) tasks the legislation on enforcement proceeding establishes competence of the legal executive, procedure and conditions of forced execution of executive documents.
The legal executive provides forced execution of executive documents in strict accordance with this code and other regulations.
The procedure and conditions of reduction of executive documents in execution extend to official and physical persons irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin, and also legal entities irrespective of type of property and form of business.
(1) the Claimant has the right to demand forced execution of executive documents, and also to refuse the begun execution or to delay the beginning of forced execution within fixed term of prescription.
(2) the Parties of enforcement proceeding (the claimant and the debtor) can carry out the executive document by the conclusion of the voluntary settlement according to this code.
The procedure and conditions of reduction of executive documents in execution are established on the basis of human rights principle and cannot aim at causing physical and moral sufferings or material damage.
(1) the Enforcement proceeding is performed in Romanian.
(2) If participants of enforcement proceeding do not know Romanian, they have the right to get acquainted with documents of enforcement proceeding and to express by means of the translator.
(1) In case of execution of executive documents the legal executive is independent and submits only to the law.
(2) Any intervention in activities for execution of executive documents is inadmissible and attracts the responsibility provided by the law.
(1) Requirements of the legal executive imposed according to the procedure, established by this code and other regulations, are obligatory for all bodies of the public power, legal, official and physical persons.
(2) the Persons who are not fulfilling requirements of the legal executive or interfering their accomplishment bear the responsibility provided by the law.
Participants of enforcement proceeding and other interested persons, it is right or the interests of which protected by the law are violated by any executive act, can appeal this act according to the law.
(1) Voluntary execution is opportunity for the debtor voluntarily to carry out the executive document prior to forced execution. Term for voluntary execution is established by the law or degree of jurisdiction.
(2) If the debtor voluntarily does not fulfill the obligation in the time established by the law or degree of jurisdiction, its forced execution which begins with the moment of the address of the legal executive can be established.
(3) In case of presentation of the executive document to forced execution the claimant shall provide the declaration under the personal liability on non-execution of the requirement by the debtor. If the executive document belongs to the obligation concerning which the law or degree of jurisdiction not fixed term for voluntary execution, the claimant shall produce in addition the evidence of the notification sent to the debtor establishing term for voluntary execution of the executive document and - depending on circumstances - the proof of delivery or receipt of this notification by the debtor.
(4) In departure from parts (1) - (3) and Article 9-2 for forced execution of the executive documents issued according to the procedure provided by parts (3) - (8) article 43 of the Law on the notarial procedure No. 246/2018, the additional notice of the debtor is not required.
(5) the executive documents Issued by degree of jurisdiction ordering stipulated in Article 27th measures for providing the claim or measure for providing proofs are performed without delay, without purpose of term for voluntary execution.
(1) Before initiation of the procedure of forced obligation fulfillment for which the law or degree of jurisdiction not fixed term for voluntary execution, the claimant shall hand to the debtor the notification on voluntary execution of the executive document, having appointed for it term at least than 15 days and having warned him that after this term the forced enforcement proceeding can be initiated.
(2) in case of availability of special rules about terms of voluntary execution of separate categories of executive documents to hand the notification to the debtor according to part (1) it is not required.
(3) the Notification is handed to the debtor in writing to any corresponding circumstances by method, including through bureau of the legal executive according to Article 28 provisions.
(4) in case of impossibility of delivery of the notification to the debtor the message on it is published in the Official monitor of the Republic of Moldova or on the official web page of National union of legal executives. The expenses incurred by the claimant in connection with publication of this notification are assigned to the debtor in enforcement proceeding. In this case Article 9-4 provisions are as appropriate applied.
(5) on payments in the national public budget the debtor is notified On obligations by placement on the official web page of the body which issued the executive document, announcements that addressed to the debtor the executive document is issued. In case of lack of the official web page at the body which issued the executive document, this announcement is published on the official web page of the State Tax Administration. The notification is considered brought to the attention of the debtor after 15 days from the date of its publication.
Term for voluntary execution begins to flow from the date of:
a) obtaining by the debtor of the notification provided by the claimant in the case provided by part (1) Article 9-2;
b) publications of the notification in the Official monitor of the Republic of Moldova or on the official web page of National union of legal executives in the case provided by part (4) Article 9-2;
c) adjudication in case, stipulated in Article 256 Codes of civil procedure No. 225/2003;
d) introductions of the judgment in final force in case, stipulated in Article 255 Codes of civil procedure No. 225/2003.
The debtor who is voluntarily fulfilling the obligation personally or through the authorized third party has the right to receive the receipt or the written application on obligation fulfillment and, depending on circumstances, the original document or entering of mark into the original document, belonging to the claimant, about obligation fulfillment. At the same time provisions of Article 967 of the Civil code No. 1107/2002 are applied.
(1) Forced execution is set of the measures provided by this code by means of which the claimant realizes through the legal executive through authorized state bodies the rights recognized by the executive document if the debtor voluntarily does not fulfill the obligations.
(2) Forced execution begins with the address to the legal executive according to the law and is made in any form provided by this code, at the same time or serially, to complete satisfaction of the right recognized by the executive document, interest payment, penalty fee or other amounts awarded according to the law and also expenses on execution.
(3) Forced execution is performed based on writ of execution or other document which is executive according to this code.
Treat executive documents and are performed according to provisions of this Code:
a) the writs of execution issued by degree of jurisdiction according to the law;
b) the decisions passed by degrees of jurisdiction on administrative cases, determinations, orders of degrees of jurisdiction if the law does not provide other;
c) decisions (determination) on cases on offenses including which are taken out by the stating subjects according to the competence established by the law, writs of execution on criminal cases and sentences on criminal cases regarding recovery of penalty and also the civil action;
-1) about the determinations of the judge on criminal prosecution obliging to making of the certain actions connected with transfer/transfer / return of property;
d) resolutions on release from criminal liability with accountability for offense in the form of penalty;
e) the writs of execution issued based on arbitral decisions;
f) the writs of execution issued based on decisions of foreign degrees of jurisdiction and foreign arbitral decisions, recognized and permitted to execution in the territory of the Republic of Moldova;
g) solutions of the Constitutional court on imposing of penalty;
h) determinations of the legal executive, protocols of the legal executive by which conditions of the voluntary settlement of the parties according to Article 62 of this Code are fixed;
i) decisions of Disciplinary board of National union of legal executives, the Commissions on authorization and discipline of the authorized managing directors and Disciplinary board of the Union of lawyers about imposing of disciplinary sanctions of cash nature;
j) resolutions (decision) on application of sanctions accepted by bodies of the public power and/or other bodies, the functions of regulation and control equipped according to the law;
k) the acts allocated with executive text/force on condition of provision by the law on their basis of the right to forced execution;
k-1) arbitral decisions which voluntary settlements affirm;
l) the decisions of the European Court of Human Rights concerning the amount of fair compensation of damage and compensation of other costs and also agreements on friendly settlement signed by the parties;
l-1) of the decision of the Ministry of Finance on collection from the account of beneficiaries of the state program "First house the" of obligations on payment following from the state guarantees issued and paid for benefit of bank and not provided in full owing to sale of mortgage housing;
m) the decisions published by Customs Service on the instruction of collection of the amounts;
n) pledge agreements of personal estate provided that pledge can be protested according to the procedure, established by the law;
n-1) agreements of leasing in the part concerning the right of the lessor to property possession and the documents relating to it and on exception of record about leasing of the public register provided that the lessor represents commercial bank, non-bank credit institution or leasing society, and leasing is noted or registered according to part (3) Article 1321 of the Civil code;
o) ceased to be valid;
p) the acts issued by the State Tax Administration of the instruction of collection of the amounts;
q) the acts issued by Competition council of imposing of cash penalties;
r) the decisions passed by the Agency of material reserves on imposing of cash penalties;
s) protocols of general meeting of Owners' Association in condominium in accordance with the terms of and in limits, the stipulated in Article 59 Laws on condominium No. 187/2022;
t) the decisions passed by Service according to the prevention and anti-money laundering;
u) the decisions of the National commission on the financial market concerning monetary commitments;
v) the solutions of the State inspectorate for supervision of non-food products and consumer protection which are taken out according to part provisions (4) Article 35 of the Marine life protection act of the rights of consumers No. 105/2003.
(1) the Writ of execution is issued to the claimant according to its statement by the first instance after finding by the solution of final nature.
(2) In cases, stipulated in Article 256 Codes of civil procedure, the writ of execution it is issued without delay.
(1) According to each decision one writ of execution is issued.
(2) If execution be made in different places or if the decision is passed for benefit of several claimants, the degree of jurisdiction according to the statement of claimants issues several writs of execution with exact specifying of the place of execution.
(3) based on the judgment which debtors undertake to grant sums of money in solidary procedure according to the statement of the claimant several writs of execution on number of solidary debtors are issued.
(4) in case of change of the decision the degree of jurisdiction issues new writ of execution according to the changed substantive provisions. The writ of execution published based on the cancelled or changed decision, returns the degree of jurisdiction which issued it for cancellation.
(1) shall contain In the executive document issued by degree of jurisdiction:
a) the name of the degree of jurisdiction which issued the executive document;
b) case on which the executive document is issued;
c) date of decision and its substantive provisions (literally);
d) date of finding by the solution of final nature or specifying about immediate execution;
e) surname, name, birth date or name of the debtor and claimant, fiscal code, residence or location, bank details;
f) date of issue of the executive document;
g) mark about the taken measures for providing the claim;
h) mark about permission of forced penetration of the legal executive into rooms which are in ownership or property of the debtor including in which there is property of the debtor;
i) other instructions - if necessary.
(2) the Writ of execution issued based on the judgment is signed by the judge and the court clerk and is certified by seal of degree of jurisdiction.
(3) Other executive documents, than issued by degree of jurisdiction, except for stipulated in Item k) Articles 11, are signed by the official and certified by seal of relevant organ; at the same time they shall contain all data provided by part (1) this Article, except for provisions of Items g) and h).
(4) If the decision of foreign degree of jurisdiction or international arbitration was acknowledged and it is authorized to execution in the territory of the Republic of Moldova, in writ of execution are specified as the name of foreign degree of jurisdiction or international arbitration, and the name of the degree of jurisdiction of the Republic of Moldova which recognized this decision and resolved its execution.
(1) the Executive document is shown to execution by the claimant only if at the scheduled time the debtor did not perform voluntarily executive document.
(2) the Degree of jurisdiction on the initiative shows to execution writ of execution on cases:
a) about collection of the sums of money which are subject to payment in the income of the state;
b) about collection of sums of money from the state, the state and municipal companies, commercial societies with mainly state capital;
c) about compensation of the damage caused by violation of the right to legal proceedings in reasonable time or the rights to execution in reasonable time of the judgment;
d) about compensation of the damage caused by illegal actions of criminal prosecution authorities, prosecutor's office and degrees of jurisdiction;
e) about recovery at work and collection of the average salary for the entire period of forced absence from work;
f) about collection of the temporary disability benefits and other payments of social security provided by the law;
g) about recognition in the territory of the Republic of Moldova of the foreign judgments passed in the cases provided by Items a) - f).
(3) the Writ of execution is shown to execution by right in the cases provided by part (2), only if the debtor did not submit degree of jurisdiction of the proof of voluntary obligation fulfillment in time, established by the law or degree of jurisdiction. In this case proofs of voluntary obligation fulfillment by the debtor join case papers.
(4) In the cases provided by part (2) this Article, the degree of jurisdiction directs executive documents according to the territorial competence provided by parts (3) and (4) Articles 30, and notifies the parties on presentation them to execution. It does not limit claimants in implementation of the right provided by part (3) Article 60.
(5) In the cases provided by part (2) this Article, the claimant has the right to choose other legal executive according to the procedure, stipulated in Article 32.
(6) in case of presentation of new writ of execution according to part (4) Article 13 the procedure of execution continues with preserving complete legal force of all previous documents, only if they do not contradict substantive provisions of the new executive document and if contradict, measures for ensuring execution of the executive document shall be adjusted.
(7) Executive documents for indisputable cash write-off from accounts of the government budget, the budget of the national social insurance, funds of compulsory medical insurance, budgets of administrative and territorial units, and also from accounts of bodies of the public power / public organizations are performed according to established by the Law on public finance and budget and tax responsibility No. 181/2014 the procedure and terms.
(1) in case of executive documents on collection of periodical payments if the debtor does not fulfill the payment obligation on repayment in the time established for each payment, the claimant can show the executive document to forced execution after five days after approach of repayment period of payment, having accompanied it with the declaration under the personal liability on non-execution by the debtor of the obligations.
(2) in case of the executive documents provided by part (1), the forced enforcement proceeding is initiated for collection of outstanding amounts, due for settlement on the date of excitement of enforcement proceeding.
(3) the Enforcement proceeding initiated according to part (2), it can be stopped if the debtor extinguishes in addition three periodical payments subject to payment which are estimated from the date of when the debtor fulfilled the overdue and subject to payment obligations within the procedure of forced execution. In this case the executive document returns to the claimant according to Article 86.
(4) the Claimant can begin new enforcement proceeding according to part (1) if afterwards the debtor does not settle other subjects to payment payment obligations.
(1) the Writ of execution can be shown to execution within three years after finding by the judgment based on which it was issued, final nature if the law does not provide other.
(2) the Executive document on collection of periodical payments keeps the force during the entire period throughout which payments shall be made. The term established in part (1) this Article, it is applied to each of periodical payments separately, and its current begins from the date of approach of term of each payment.
(3) Judgments on administrative cases are shown to execution according to provisions of Chapter VI of the book of third of the Administrative code No. 116/2018 .
(4) Decisions on cases on offenses are shown to execution in the terms established by the Code about offenses if the law does not provide other.
(5) Terms of presentation of executive documents are determined according to Article 111 of the Code of civil procedure.
(1) Prescriptive limit for presentation of the executive document to execution is interrupted:
a) in case of excitement of enforcement proceeding;
b) in case of partial obligation fulfillment before initiation of forced execution or making by the debtor (his representative or the guarantor) of any action testimonial of recognition of the obligation any different way.
(2) After interruption of prescriptive limit its current begins again. In case of calculation of new prescriptive limit time which expired before interruption is not taken into account.
(3) in case of return of the executive document which was not performed or was performed partially new term for presentation of the executive document to execution is estimated from the date of return of the document to the claimant.
(4) Prescriptive limit is not interrupted in case of refusal the legal executive in excitement of enforcement proceeding or if person, according to the statement or for the benefit of which forced execution was initiated, demanded return of the executive document.
(1) the Degree of jurisdiction can recover the term of presentation of the executive document passed by the claimant to execution.
(2) the Application for recovery of the passed term is submitted to degree of jurisdiction in the place of execution with appendix of proofs of impossibility of presentation of the executive document to execution in time.
(3) the Application is considered in judicial session with the preliminary notice of the parties on the place, date and time of its consideration, however absence of the parties is not obstacle for consideration of the application.
(4) Determination according to the statement for recovery of the passed term can be appealed in cassation procedure.
(1) in case of loss or spoil of writ of execution the degree of jurisdiction which issued writ of execution issues its duplicate not later than in 5-day time.
(2) the Application for issue of the duplicate can be submitted by the claimant or the bailiff with appendix of the proofs confirming loss or spoil of writ of execution. The application for issue of the duplicate is considered based on the case papers and/or materials enclosed to the application. The degree of jurisdiction considering the application can dispose about challenge of participants of process they could pass opinion on the bases given in the statement.
(3) In case of refusal to issue the duplicate of writ of execution the degree of jurisdiction takes out motivated determination which can be appealed in cassation procedure.
(1) the Degree of jurisdiction on own initiative or according to the statement of participants of process or the legal executive can correct errors or the omissions in the text of writ of execution relating to identification and fiscal these (bank details) of the parties, their procedural status, any plain errors of material nature or concerning calculations which do not change essence of substantive provisions of the decision. The question of correction of such mistakes is considered based on the case papers and/or materials enclosed to the application. The degree of jurisdiction considering the application can dispose about challenge of participants of process and the legal executive they could pass opinion on the bases given in the statement.
(2) the determination which is Taken out by degree of jurisdiction according to the statement can be appealed in cassation procedure.
(1) the Legal executive is the single person, the representative to perform forced execution of executive documents.
(2) Making of acts on forced execution by other persons attracts the responsibility provided by the law.
(1) the Legal executive has the right:
a) issue procedural acts within the competence established by the law;
b) call the debtor and other participants of enforcement proceeding in the bureau and in the place of making of executive actions;
c) request and to receive free of charge on paper or in electronic form and in real time from the central and local authorities of the public power, organizations (including financial) and other organizations (irrespective of type of property and form of business) which are holders of the state registers and data relating to enforcement proceeding, any information promoting identification of the debtor, its property and their location if it has no access to the information system containing this information;;
d) inform competent authorities and persons the established non-obedience facts to legal requirements of the legal executive;
e) make legal requirements to physical persons and legal entities - the parties of enforcement proceeding for the purpose of making of certain executive actions;
f) enter with the consent of the debtor or adult members of his family (and in case of lack of their consent - with the assistance of law enforcement agencies) the placements which are the residence or the location of the debtor and also to other rooms and warehouses belonging to the debtor and being in its use and to make their survey;
g) charge the percent, penalty fee and other payments following from delay of accomplishment of the obligation provided by the executive document;
h) give help to the parties of enforcement proceeding and other applicants with explanation of legal effects of procedural acts;
i) perform conciliation of the parties at pre-judicial stage and during enforcement proceeding;
j) establish at the request of the interested person the facts and the actual situations;
j) report to the concerned party on its request procedural acts;
l) withdraw, warehouse, manage and sell property which it is seized in the course of enforcement proceeding, and also to perform these actions concerning pledged property;
m) perform compensation of debts by mutual consent;
n) apply interim measures in real time;
o) issue copies of the acts containing in executive case, to the third parties who are not involved in enforcement proceeding only in the procedure established by the law and based on the written application;
p) receive the royalties and charges for the performed types of activity in the procedure provided by the law;
q) turn collection on money of the debtor (both cash, and being on its bank accounts) and on its income (the salary, pension, grant and other income) and to exercise control of correctness of execution of its instructions concerning the address of collection on money and the income of the debtor;
r) request by means of the electronic document from bank institution information on balance in cash on the account of the debtor at the time of receipt of request with immediate and unconditional issue of the bank statement and information reference;
s) obtain in electronic form information from bank institutions on the transactions made according to bank accounts of the debtor, the procedure and order of registration of the documents received from legal executives, and also information from registers of access for persons to metal cells (safes) leased by the debtor and his spouse / spouse;
s-1) oblige bank institutions to inform it in electronic form on opening by the debtor in the future of bank accounts;
t) turn collection on the money and property of the debtor which are at the third parties including in financial institutions;
withdraw t-1) from the debtor the objects specified in the executive document;
u) receive in time and unconditionally support from law enforcement agencies, and also the central industry bodies of public management and bodies of local public authority;
v) demand from the physical persons and legal entities of making of actions or failure to act following from the law or legal relationship for the purpose of effective fulfillment of the executive document;
w) dispose about the announcement in search and detention of vehicles and to identify property of the debtor;
x) ask according to the statement of the claimant degree of jurisdiction about application to the debtor of prohibition on departure from the country if its departure will make impossible or will complicate execution of the judgment;
y) request if necessary from the bodies which issued executive documents, reasonable explanation of their substantive provisions, and also explanation of method and procedure for their execution;
z) use in case of execution of the powers of means of audio recording, photo and video filming.
(2) the Legal executive shall take the measures provided by the law for operational execution of executive documents and explain to participants of enforcement proceeding of their right and obligation.
(1) If actions (failure to act) of persons, it is groundless not fulfilling requirements of the legal executive or interfering execution of the executive document, offense elements contain, the legal executive constitutes the protocol on offense and submits it degree of jurisdiction. If the specified actions contain crime elements, the legal executive directs the corresponding materials to criminal prosecution authorities.
(2) in case of failure to carry out by persons, not being the parties of enforcement proceeding, part provisions (1) articles 63, of articles 92, of 98, 99 and parts 2 of Chapter VIII of this Code or representation of unreliable information by them, and also in other cases provided by the law the claimant has the right to demand collection from them of the amount which is subject to collection from the debtor and is not collected on their fault and also compensation of the caused damage.
(1) According to the statement of the claimant the legal executive has the right to estimate and collect the percent, penalty fee and other amounts following from execution delay taking into account the rate of inflation and according to provisions of Article 942 of the Civil code. The statement for calculation of the amounts following from execution delay can move only to the legal executive who received the executive document which determines primary obligation, before repayment of the obligation. The specified amounts are charged from the date of finding by the decision of degree of jurisdiction of final nature or, in case of other executive documents, from the date of approach of completion date of the requirement and about day of real repayment of the obligation containing in any of these documents with inclusion in the charged period also of the term of suspension of enforcement proceeding according to provisions of this Code.
(2) Determination of the legal executive is taken out according to part (1) this Article only at the time of collection/execution of the amount of primary obligation. This determination is the executive document and can be appealed in 10-day time from the date of its removal. This determination becomes the executive document after finding of final nature by it if only the debtor does not agree to its immediate execution. The legal executive establishing primary obligation is responsible for issue and execution of this determination.
(3) Provisions of this Article are not applied to the executive documents relating to punishments for offenses or to criminal penalties.
(1) the Legal executive can sell the pledged / mortgage property in accordance with the terms and rather, provided by the Law on pledge No. 449-XV of July 30, 2001 and the Law on mortgage No. 142-XVI of June 26, 2008.
(2) the Auction selling pledged property for the statement of the claimant pawnbroker will be organized according to the procedures established by Articles 128-135 of this Code with the departures established by this Article, the Civil code, the Law on pledge No. 449-XV of July 30, 2001 and the Law on mortgage No. 142-XVI of June 26, 2008.
(3) Conditions and procedure for sale of the pledged / mortgage property are established by the agreement signed by the claimant pawnbroker including mortgage, with the legal executive, without prejudice to part provisions (2) this Article.
(4) Starting price of the property offered for auction is the price specified in the appraisal report. With the consent of the pledger it can be lowered in the limits specified in part (1) Articles 132 of this Code.
(5) the Participant who won auction signs with the claimant – the mortgage pawnbroker the purchase and sale agreement of property which forms the basis for registration of the property right to the acquired property.
(6) In the cases specified in Items a) – d) parts (1) articles 139 of this Code, at the request of the claimant pawnbroker the legal executive will organize repeated auction with observance of conditions of the announcement of auction and with possibility of reduction in price in the amount of, not exceeding stipulated in Clause 140th of this Code.
(7) If on the pledged / mortgage property recovery by enforcement by other claimants is turned, sale of property is performed by the organization of auction, except for case when all claimants agree to carrying out sale otherwise.
(1) According to the statement of the interested person the legal executive can establish any facts and the actual situations, including for the purpose of execution of determination on providing proofs. Ascertaining is performed by means of creation of the act having evidential force. The facts established by means of the statement which is drawn up by the legal executive can be used as proofs in legal procedure and do not require additional proof, being valid before proof of the return.
(2) In case of creation of the act of ascertaining the legal executive reflects in it only the situations and the facts which are present objectively without formulation of conclusions and estimates.
(3) When ascertaining the facts and actual situations the legal executive has the right to use technical means.
(4) Collection is paid for ascertaining of the facts and actual situations by the party which demanded their ascertaining.
(5) When ascertaining the facts or actual situations the legal executive does not apply measures of forced execution.
(6) single number according to the procedure is assigned to the Stating act, established by Council of National union of legal executives.
(1) When making executive actions the legal executive on own initiative or according to the statement of participants of enforcement proceeding has the right to perform audio recordings and photo, video filming. About it persons participating in executive actions inquire and the corresponding entries in the protocol are made.
(2) the records Performed by the legal executive during enforcement proceeding and shooting are filed about enforcement proceeding.
(1) the executive documents Issued by degree of jurisdiction which provide application of measures for providing the claim or for providing proofs or their cancellation are carried out by means of the legal executive.
(2) Voided according to the Law of the Republic of Moldova of 05.04.2018 No. 17
(3) Determination about application of measures for providing is performed without delay, and determination on their cancellation - from the moment of finding by determination of final nature.
(4) the Legal executive takes measures for providing the claim within the size of the pushed claims. If the degree of jurisdiction directly does not specify objects to which measures for providing, or measures which shall be undertaken are applied, the legal executive has the right to impose bans or arrest on all property of the defendant taking into account provisions of Article 176 of the Code of civil procedure. According to the statement of defense in case he is able documentary to prove that the cost of distrained property considerably exceeds the claim size, arrest is imposed only that property which cost covers the claim size.
(4-1) After application of measures for providing the claim the property remains stored in the place specified by degree of jurisdiction. In case that is not specified, general regulations of this Code are applied. Measures for providing are performed without delay, without the need for the notice of the parties.
(5) Execution of categories of the executive documents provided by this Article is performed according to this code and the Code of civil procedure with the departures established by this Article.
(6) the Measures for providing the claim which are carried out by the legal executive remain in force before accomplishment of the secure judgment or cancellation of determination based on which they were applied.
(7) the applicant is informed On the measures taken by the legal executive.
(8) based on the final judgment on cancellation of measures for providing the claim the legal executive disposes about cancellation of these measures.
(9) Expenses on carrying out of measures for providing the claim are assigned to the claimant and are compensated afterwards according to Articles 94-97 of the Code of civil procedure.
(10) According to the statement of the interested person the legal executive states observance of the applied measures for providing according to article 25 of this Code.
(11) Indemnification, caused by providing the claim, can be collected from the claimant according to provisions of Article 182 of the Code of civil procedure.
(1) at the request of the concerned party the action for declaration, procedural acts issued by degree of jurisdiction or the legal executive and other documents can be told participants of process and interested persons through bureau of the legal executive.
(2) the Legal executive personally or through the employees shall organize the message of procedural acts not later than within 3 working days from the date of filing of application and payment of charges for its services.
(3) Charges are paid for the message of procedural acts by the party which requested their message.
(4) the Message of procedural acts can be performed by their delivery or the different ways provided by this code and the Code of civil procedure.
(1) In case of delivery of procedural acts and other documents the protocol on delivery of the procedural act containing is constituted:
a) year, month and day of its creation;
b) surname, name and position of the constituted his face;
c) surname, name and residence of the addressee;
d) the name of the body which issued the procedural act, and the name of the act;
e) contents of the act which is subject to delivery;
f) surname, name and the status of person who is handed the act;
g) the signature of person which constituted the protocol.
(2) Refusal or impossibility of signing of the protocol as assurance of receipt of the procedural act or other document is specified in the protocol. The protocol is handed to the party which requested delivery of the procedural act or other document.
(1) the Legal executive can undertake measures for forced execution only in the district of territorial chamber of legal executives in the territory of which there is its bureau.
(2) In departure from part provisions (1):
a) in case of accomplishment of measures for providing the claim or in case execution is performed by the address of collection on vehicles, money on accounts of the debtor, securities or share of participation of the debtor in the authorized capital, territorial competence of the legal executive extends to all territory of the country;
b) in case of execution of executive documents by the address of collection on the salary or other income of the debtor of power on execution belong to the legal executive in whose territorial competence established by territorial chamber of legal executives there is location of organization (organization) providing the income to the debtor.
(3) Executive documents concerning collection of periodical payments and executive documents on the cases provided in part (2) articles 15 of this Code, except for the cases provided in Item b), are shown to execution to the legal executive in whose territorial competence established by territorial chamber of legal executives there is residence or the location of the debtor or the location of penal institution in which the debtor serves sentence.
(4) Executive documents on the cases provided in Item b) parts (2) articles 15 of this Code, are transferred by degree of jurisdiction on own initiative to execution to the legal executive specified by the claimant in the statement for issue of writ of execution.
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