The enforcement of executive titles by means of executive acts and the difference from precautionary acts : an analysis of the procedure and case law

Abstract

The law has to provide the mechanisms by which any party is to have access to the courts of justice or any form of procedure that will deliver a decision which will constitute itself as an executive title. One has to have the remedies available in case the orders in a judgement are not adhered to by the party obliged to comply with the decision. Also, the law has to have a structure to secure a creditor’s right in order to stop a person not to act prejudicially towards him, which is to be done prior to the initiating of the proceedings.

In chapter 1 an analysis is done with respect to the executive titles provided in the law, the meaning, effect and the procedure under each one respectively. The differences between them is examined in this chapter.

Chapter 2 deals with the enforcement mechanisms by means of the executive acts where each is explained, what it consists of and what remedy that is brought in favour of the creditor.

Chapter 3 focuses on the precautionary acts and the differences from executive acts are mentioned, together with a main focus on the most sought precautionary act which is the warrant of prohibitory injunction.

The scope of the thesis is to conduct a study into the procedure of obtaining a judgement, how it is to be enforced and the differences from the precautionary acts as a means of securing one’s rights. Also, apart from describing the system a critical analysis is done in order for certain improvements to be made in the efficiency of achieving justice.