Enforcement body

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An enforcement organ is an organ that is entrusted with the execution of a foreclosure . In the context of foreclosure under civil law, the following may be considered as enforcement bodies:

  • the bailiff for execution in moving things because of an outstanding debt ( Fahrni execution ); he also carries out foreclosure on a surrender claim both in relation to Fahrnis and real estate (surrender enforcement );
  • the local court as the enforcement court for the enforcement of monetary claims in claims and other property rights as well as together with the land registry for the enforcement of monetary claims in real estate;
  • the trial court of first instance for the enforcement of actions with the exception of surrender claims, toleration or omissions
  • the land registry for the registration of a compulsory mortgage and for the attachment of a claim secured by a book mortgage

The bailiff conducts the auction or, exceptionally, the private sale of the attached movable property. He also does the affidavit .

The enforcement of court for the enforcement of claims for money in real estate for foreclosure and sequestration of land by. The enforcement court is also appointed as a control body for procedural errors in compulsory enforcement in the context of the reminder according to § 766 ZPO .

The trial court decides on the enforcement defense action and the third party objection action . The trial court is responsible for issuing the enforcement clause ( Section 724 (2) ZPO). It also decides on the action for the issuance of the enforcement clause ( Section 731 ZPO) and on the reminder against the issuance of an enforcement clause ( Section 732 ZPO). The trial court deals with matters of enforcement protection in the event of eviction because these are part of the decision- making process ( Section 721 ZPO, Section 794a ZPO).

In administrative enforcement (enforcement of administrative acts), the enforcement authority is the enforcement body, which is usually identical to the issuing authority that issued the administrative act ("self-enforcement"). An enforcement officer acts for the enforcement authority .