BOOK SIX COMPULSORY EXECUTION
Chapter One GENERAL PROVISIONS
Section I. Tenor
334. (Tenor)
Except as otherwise provided by other laws, persons holding claims or security rights
under the Civil Code or other laws shall be entitled to seek enforcement of such rights
by compulsory execution in accordance with the provisions of this Book.
335. (Mutatis mutandis application of provisions of Book II through IV)
Except where expressly provided, the provisions of Book II through IV shall apply
mutatis mutandis to proceedings of preservative relief.
Section II. Execution Organs
336. (Execution organs)
1. Execution shall be carried out by the execution organs on motion by a party.
2. The execution organ shall consist of an execution court or a bailiff.
3. The court of first instance charged with execution in accordance with the
provisions of this Book shall be the execution court.
4. The court of first instance to which the relevant bailiff is attached shall render the
decision in respect of any motion of objection to any execution measures to be
taken by the bailiff.
337. (Decisions by execution courts)
1. Decisions by the execution court shall be made by ruling.
2. When taking any execution measure, the execution court may examine any
interested person or other informant as it deems necessary.
3. Paragraphs 1 and 2 shall also apply to the case where the court of first instance
renders a decision or takes any other measure in relation to a motion of objection
to any execution measure taken by a bailiff.
338. (Ensuring performance of duties by bailiffs, etc.)
1. Bailiffs who encounter resistance to the performance of their duties may use force
or request the assistance of the police or other national organs responsible for
maintenance of public order in order to remove such resistance.
2. Persons other than bailiffs, who are performing duties relating to execution by
order of an execution court and who encounter resistance to the performance of
such duties, may request the assistance of a bailiff.
339. (Observers at the time of execution)
Bailiffs or other persons performing duties relating to execution by order of an
execution court who upon entering a person’s residence in the performance of their
duties, cannot find the householder, his/her agent, or cohabiting relative, employee or
other dependant of reasonable discernment, shall call as an observer a commune official,
police officer or other person deemed suitable to be an observer. This provision shall
apply likewise to the case where a bailiff is using force or receiving the assistance of a
police officer or other national organ responsible for maintenance of public order in
accordance with Article 338 (Ensuring performance of duties by bailiffs, etc.) paragraph
1.
340. (Execution on holidays or at night)
1. A bailiff or a person performing duties in connection with compulsory execution
pursuant to an order of a court must obtain permission from the court of first
instance to which he/she is attached, or the execution court which issued the order,
if said bailiff or person will enter the premises of a person and execute the duties
on Sunday or other holiday as defined by law or regulation, or between 6:00 p.m.
and 6:00 a.m. the following morning.
2. A bailiff or a person executing duties in connection with compulsory execution
pursuant to an order of a court must present the document evidencing that he/she
has obtained the permission set forth in paragraph 1. above.
341. (Carrying of identification)
When performing their duties, a bailiff or other person performing duties relating to
execution by order of an execution court shall carry documentary evidence of his/her
identity or status, and shall present the same upon request by any interested person.
342. (Request for assistance to government office)
Where necessary for execution, the execution court may request the assistance of the
competent government office.
343. (Special rules governing Chomtoah appeals relating to execution procedures)
1. Notwithstanding the terms of Article 305 (Stay of effect of original ruling), a
Chomtoah appeal under this Book shall not stay the effect of the original ruling.
2. Pending the coming into effect of judgment on the Chomtoah appeal, the
Chomtoah appeal court may make the following rulings:
(a) order a stay of the effect of the original ruling, with or without the posting of
security; or
(b) order a stay of the whole of part of the execution procedures, with or without
the posting of security.
344. (Objections to execution)
1. A motion of objection may be filed with the execution court against execution
measures against which a Chomtoah appeal cannot be filed.
2. Objections to execution measures taken by a bailiff and/or their delay or neglect
relating thereto may be filed at the court of first instance to which such officers are
attached.
3. The terms of Paragraph 2 of Article 343 (Special rules governing Chomtoah
appeals relating to execution procedures) shall apply mutatis mutandis to cases
where motions of objection to execution have been filed.
345. (Chomtoah appeal against cancellation ruling, etc.)
1. Chomtoah appeals may be made against the rulings described below:
(a) a ruling of cancellation by an execution court of an execution procedure;
(b) a ruling by a court of first instance ordering a bailiff to cancel execution
procedures; and/or
(c) a ruling of a court of first instance dismissing a motion of objection to a
disposition of a bailiff canceling an execution procedure.
2. Rulings against which Chomtoah appeals may be made under Paragraph 1 shall
only come into effect when they become binding.
346. (Exclusive jurisdiction)
Court jurisdiction prescribed in this Book shall be exclusive.
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