Execution for Delivery
Execution for Delivery
The surrender execution serves the compulsory enforcement of an obligation to hand over movable property. It is always used when the obligor has to surrender a specific item or an item of a specific type, but does not do so voluntarily.
The surrender execution is legally regulated in the third section of the first part of the Execution Code. This is the area that concerns the effectuation of actions, tolerations, or omissions.
Parties to the surrender execution
Even in the case of execution for delivery, the two main parties face each other: the enforcing creditor and the obligor. The enforcing creditor applies for the execution to achieve the delivery of a specific movable item. The obligor is the person who is obliged to deliver this item but does not do so voluntarily.
During the proceedings, the court ensures that the creditor actually receives the item due.
Procedure of the surrender execution
The enforcing creditor files an application for execution with the competent District Court. This application must precisely specify the item in question and request the seizure of the item and its handover to the enforcing creditor. Detailed information about the object is important: designation, type, quantity, special characteristics.
The district court in whose district the obligated party has its residence is generally responsible.
Approval and enforcement
After approval of the execution, the court commissions the bailiff with the enforcement. The latter physically takes the item away from the obligor and hands it over to the enforcing creditor against a receipt. The handover usually takes place at the place of the enforcing party or at a place determined by the court.
Peter HarlanderHarlander & Partner Rechtsanwälte „If voluntary surrender fails, the issuance execution creates the legal basis for actual possession.“
List of assets
If the item to be surrendered is not found at the obligor’s premises, the latter must submit a list of assets. In this list, he must state where the item is located or declare that he does not possess it and does not know where it is located.
If the obligor refuses this information without reason, the court can order coercive measures. This ensures that the creditor learns what has happened to the item owed.
Conclusion of the execution
As soon as the bailiff has successfully handed over the item or it is established that it no longer exists, the surrender execution is considered terminated. This fulfills the obligation or the enforcing party must, if necessary, take further legal steps to enforce its claim.
Select Your Preferred Appointment Now:Free initial consultationYour Benefits with Legal Assistance
The execution for delivery requires a precise application. Minor formal errors or unclear descriptions of the item to be delivered can lead to delays or rejections. A lawyer ensures that the application is correctly formulated, the appropriate means of execution is chosen, and all necessary evidence is provided.
This ensures that the surrender is effective, legally sound, and without avoidable delays.
- Support in enforcing your claims
- Legally sound design and implementation of all necessary steps
- Support throughout the entire enforcement procedure
