Execution Lawsuits
Execution Lawsuits
Execution law provides several lawsuits that allow parties involved to review and correct an ongoing execution. Among these instruments, the revendicatory action, the action for annulment, and the opposition action form the central types of lawsuits because they represent the decisive protection mechanisms against inadmissible attachments, faulty enforcement steps, and incorrect claims.
Execution law provides various options for correcting inadmissible or faulty enforcement measures. These legal remedies always take effect when an execution goes too far, is based on inaccurate assumptions, or involves third-party property.
Protection of third-party property: The rescission action
The revendicatory action protects the property of a third party not involved in the execution proceedings. It takes effect if the bailiff seizes an object that is indeed in the custody, but not the property, of the obligated party. Since the law allows the actual control of the object to be sufficient for seizure, it occurs in practice that borrowed, rented, or leased objects are mistakenly seized.
The revendicatory action allows the true owner to have the execution declared inadmissible with regard to the object in question. It thus ensures that third-party property is not included in the enforcement proceedings.
Review of the execution: The Impugnation Action
The action for annulment is directed against the specific execution of the execution. It is used if the petitioning creditor ignores a waiver, a deferral, or other circumstances that prevent the enforcement. Likewise, it is used if it is disputed in an omission execution that the obligated party has committed the alleged act.
With the action for annulment, the obligated party actively argues which facts block or change the enforcement. The court then examines whether these facts are accurate and whether the execution enforcement is to be terminated to this extent. The action therefore corrects the enforcement without changing the execution title itself.
Review of the claim: The Opposition Action
The opposition action is directed not against the execution, but against the claim itself. It always takes effect when the claim has subsequently expired or been suspended. The obligated party asserts that the claim has changed, for example, through fulfillment, remission, or through a subsequent deferral.
The court determines in the proceedings whether the claim still exists. If this is not the case, the judgment deprives the execution of its basis. The opposition action thus protects against the enforcement of claims that are no longer enforceable.
Peter HarlanderHarlander & Partner Rechtsanwälte „Legal remedies create order in the execution proceedings and protect against unjustified interventions.“
Your Benefits with Legal Assistance
Legal support ensures that the correct type of action is chosen and that all objections are raised completely and in a timely manner.
A lawyer recognizes which facts are relevant, structures the proceedings, and protects your rights against the petitioning creditor and the court. This gives you security and clarity in the proceedings.
- Support throughout the entire enforcement procedure
- Safeguarding your rights and interests vis-à-vis all parties involved
- Support in enforcing your claims
