Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure

Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure ABSTRACT Execution, as the compulsory performance of obligations by way of interfering with the property interests of the obliged party, for the purpose of recovering the performances owed, represents an important procedural instrument through which creditors may assert their rights vis-a-vis debtors who failed to voluntarily fulfill the obligations imposed unto them in the enforcement order. However, not every execution is successful (in the sense that it results in the recovery of the performance owed). Circumstances may arise during the debt enforcement procedure which prevent its continuation and require enforcement action to cease before its intended purpose could be consummated. The law reflects these situations by providing for the discontinuance of execution, a procedural institution whose purpose it is to permanently prevent the compulsory performance of obligations as per the enforcement order and to lift the effects of the ongoing enforcement on the obliged party's property interests. This is at the same time the only means of defense available to obliged parties who wish to defend themselves against ongoing debt enforcement. There exists a host of reasons which may..