Home » Blog » General rights and obligations of the parties

General rights and obligations of the parties

The collector has the right:

To obtain an executive document and submit it to the executor for execution.
Monitor the progress of enforcement proceedings and receive General rights information about the execution of the court decision from the bailiff.
Appealing the actions or inaction of the executor.
Etc.
Regarding the debtor! it should be said right General rights away that the latter is oblig to execute the executive document! and has the right:

Get acquaint with the materials of the enforcement proceedings.

Appeal the actions or inaction of the executor

Etc.
The executor is obliged to take all measures provided for by law commercial management: everything you need to know for enforcement and has the right to access information about the debtor’s property; to seize the debtor’s property! etc.

The deadline for presenting an enforcement document for execution and the procedure for renewing such a deadline in the event of its expiration

Part 1 of Article 12 of the Law states that a writ of execution! an order may be present for enforcement within three years from the date the decision enters into legal force ! except for certificates of labor daftar g suite for education dispute commissions and enforcement documents for which the state or a state body is the collector! which may be presented for enforcement within three months.

If the specified period expires! the opening of enforcement proceedings will be refused on this basis. Therefore! the collector will have the right to apply to the court with an application to renew such a period. In this case! the application must necessarily indicate valid reasons for missing such a period. And whether such reasons are valid or not – this will be decided by the court based on the factual circumstances.

The size of the miss period is also a significant circumstance

So it is better for the collector not to delay.

As you understand! such a omission plays in favor of the debtor! and therefore the latter should not lose such an opportunity! thereby taking part in the court’s consideration of such a statement of the collector! presenting his evidence and arguments so that the court refuses to renew. This will result in the impossibility of the executor executing the executive document. The author of this hindi directory article has repeatedly defended the rights of debtors in similar cases! which is directly confirm by the content on his channels.

Scroll to Top