Executiegeschil
Enforcement Dispute
An enforcement dispute is a dispute concerning the lawfulness or manner of enforcement of an enforceable title, such as a judgment or a writ of execution.
An enforcement dispute arises when a party objects to the enforcement of a court judgment or other enforceable instrument. This may concern, for example, the validity of an attachment, the proportionality of the enforcement measures or the interpretation of the judgment.
In practice, such a dispute is frequently brought before the interim relief judge by way of summary proceedings. It affords the debtor or third parties swift legal protection against unlawful enforcement actions, without the need for the underlying case to be re-examined.
“The debtor sought in an enforcement dispute to have the attachment on his bank account lifted on the ground that the judgment was not yet final.”
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