The enforcement process is directed at obtaining specific performance of an obligation contained in a document that consists of particular provisions, known as a writ of execution (i.e. an enforcement order). This imposes a non-voluntary obligation on the debtor or whoever is the subject of the order. Enforcement is coercive by its very nature, and, therefore, is always judicial in nature, as it replaces the free will of the debtor, in the sense that its implementation is complete when the debtor voluntarily performs what the state imposes on him.
The applicable enforcement procedure is determined by the type of order that the creditor seeks to impose on the debtor. The CPA establishes a procedure for the enforcement of monetary judgments, i.e. those cases in which the creditor wishes to obtain a monetary sum due and owed by the debtor as well as other cases for the enforcement of non-monetary judgments. The objective of these judgments is to render non-monetary benefits, for instance to perform or to stop performance, or to issue a declaration of intent.
Furthermore, although the CPA regulates the implementation process in detail, the reality is that enforcement procedures can differ greatly from each other. Since their development and the necessary steps required for their enforcement largely depend on the type of obligation whose execution is being sought, the assets of the debtor, and the attitude adopted by the parties are all distinctive factors of each individual enforcement process.
• The enforcement order
• Those concerned in the process of enforcement. The court and the parties
• Commencing the enforcement procedure. The order and service of enforcement
• Opposition to the enforcement
• Settlement of the enforcement order
• Effecting enforcement
• The characteristics of non-monetary enforcement
• Enforcement of obligations to hand over property
• Enforcement of a legal obligation to perform
• Enforcement of obligations not to perform