Abstract

The suspension of enforcement proceedings means temporarily halting enforcement actions until the grounds for suspension laid down by law and indicated in the document of suspension have ceased. The jurisdiction to suspend the enforcement proceedings lies with the bailiff under Article 78 EC (mandatory suspension) and with the court for the grounds laid down in Article 79 EC (facultative suspension). The appearance of the circumstances listed by law establishes the unconditional obligation of the bailiff to suspend the enforcement procedure. The question of suspension is dealt with by the bailiff of his own initiative or on request, by notifying the creditor and the debtor. The facultative suspension of enforcement proceedings is a right of the court. The decision of granting the request for suspension of enforcement proceedings prevents the enforcement proceedings from taking place until the circumstances for which it was issued have ceased to exist.

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