It is Good to Know About Decisions

Posted on May 4th, 2009 by saman

Documents authenticated by a diplomatic or consular representative will be able to be invested by foreclosure formula by the court of the residence of one of the parties to the authentic act.

If none of the parts has the residence known in the country, investing with foreclosure formula is performed by the court in the capital city of the country.

These decisions are final:

1. decisions in the first court, according to law, without right of appeal

2. decisions in the first court which were not contested by appeal or even attacked by appeal, if the trial is outdated or the appeal call request has been rejected or canceled;

3. decisions made in appeal;

4. any other decisions that by law cannot be challenged by appeal

These decisions are irrevocable:

1. Decisions in the first instance, without right of appeal, with no appeal

2. Decisions in the first instance, which were not contested by appeal

3. Decisions made in appeal, which are not contested;

4. Decisions made in the appeal even if through them the conflict was settled;

5. Any other decision that by law cannot be challenged by appeal

When a final decision is going to litigate or appeal, it is still in force until it is replaced by another decision.

No tracking of movable or immovable property may take place, but for a certain claim, which is a fixed, due amount. If the debt is not known, monitoring will be postponed until first will they will perform the liquidation.

The claim’s existence follows from the claim itself or from other acts, even non-authentic, issued by the debtor or recognized by him.

The claim is clear when part of it is determined by the act itself or when the claim is determined by means of debt, or other non-authentic acts. It is also clear when it is issued from the debtor, or recognized by him, or against him based on a legal provision or stipulations contained in the claim, even if by this determining, special accounts would be needed.

If the foreclosure title was cancelled, all the foreclosure acts carried out under the law are removed. Any legal provisions are applicable.

To continue with, we will let you know about persons and goods subject to foreclosure, and under which conditions foreclosure is performed. When by a decision it was given a term of payment, foreclosure cannot be done until the arrival of that period.

However, the party who wins will be able, before the arrival of that period to require the execution of the decision:

a) if the debtor has fled

b) if the debtor wastes his real and personal assets

c) if other creditors perform other decisions on his property;

d) if by his deed he has reduced the insurance to the creditor, or has not given the insurance promised or permitted or he is in insolvency condition which is known.

In the previous cases, the court, which has invested the decision with foreclosure formula, will decide urgently, after parts will be quote in the short term.