Powers of the Justice Commissioner and Enforcement Procedures in Monopoly

Extract

[...] Third parties Without being either creditor or debtor, people, commonly referred to as third parties, may be affected by a conservatory or enforcement measure or intervene in its course. They are required to respect certain rules. They must not hinder the course of a civil enforcement procedure. Certain third parties may be required to provide their assistance in the implementation of the measure. Certain third parties are required to be present. An enforcement measure can be carried out in the hands of a third party. [...]

[...] The creditor must show reason in the choice of the measure, by not implementing a measure whose result would be disproportionate to the amount of his claim. If the measure engaged proves to be useless or abusive, the execution judge may pronounce the stay also in case of abuse, condemn the creditor to damages and interest. 2. The legislator sometimes imposes a hierarchy in the exercise of lawsuits The enforcement or precautionary measures are administrative measures. Individuals with capacity to act can exercise these measures themselves. Therefore, individuals under guardianship and curatorship can exercise these measures alone. [...]

[...] The debtor The principle Any debtor can be the subject of an enforcement procedure. - When the debtor lacks legal capacity, they remain bound, but the person responsible for their protection plays a primary role. -minor debtor: enforcement procedures are initiated against their legal administrator who represents them. -debtor under guardianship: enforcement procedures are directed against their guardian -debtor under curatorship: against the person placed under curatorship - The universal heirs who have accepted the succession are liable for the debts of their author. [...]

[...] This is the jurisdiction of the Court of Appeal or the Justice Commissioner has his residence. This monopoly has limits Powers of the Justice Commissioner: -Powers allowing him to search for information about the debtor -may enter the debtor's home -when the justice commissioner encounters difficulties in the execution of the measure, he can seize the enforcement judge, The Public Prosecutor's Office -monitors the proper execution of the enforcement procedure: monitors the execution of titles, judgments, and other enforceable titles. [...]