ENFORCEMENT AND BANKRUPTCY LAW

In enforcement without judgment, the objection is filed with the enforcement office within seven days of service of the payment order. For enforcement based on negotiable instruments such as cheques and promissory notes, the period is five days and the objection is filed with the enforcement court. If the deadline is missed, the proceedings become final and attachment can follow.

If the claim is based on a document whose signature has been acknowledged, the creditor may ask the enforcement court to lift the objection within six months. Otherwise, an action to set aside the objection can be filed in the ordinary courts within one year of service of the objection; for commercial receivables, a mediator must be approached before filing.

As a rule, up to one quarter of salaries and wages can be attached; maintenance claims are an exception. Household goods essential to the life of the debtor and their family, and tools needed to practise their profession, cannot be attached.

A person who claims not to owe the debt can file a negative declaratory action. A person who paid under the pressure of enforcement although no debt existed can recover the payment by filing an action for restitution within one year of payment.

An action to set aside fraudulent transfers can be brought against dispositions made by the debtor to harm creditors, such as gifts or sales far below value. As a rule, a certificate of insolvency must first have been obtained against the debtor.

The Law introduced changes particularly to electronic sales and auctions; one of them is that only heirs may take part in the first auction in partition sales of inherited real estate. An administrative fine was also introduced for buyers who fail to pay the auction price on time.