Enforcement and bankruptcy law is a branch of law that regulates the rights of creditors to secure payment of debts and governs the compulsory enforcement processes related to the debtor's assets. Its primary aim is to protect the creditor's rights while ensuring the debtor’s legal rights are respected.
This field of law covers two main areas:
• Enforcement Law:
Deals with the collection of debts through the coercive power of the state at the creditor’s request when the debtor fails to pay.
o Non-judicial enforcement (initiated with documents like promissory notes or checks).
o Judicial enforcement (based on court decisions).
o Processes like the seizure and sale of movable and immovable properties.
• Bankruptcy Law:
Provides for the collective liquidation of a debtor's assets when unable to pay their debts in full, ensuring equitable treatment of creditors.
o Covers procedures such as bankruptcy petitions, declaration of bankruptcy, composition agreements, and bankruptcy liquidation.
When Is It Applicable?
• When a debtor fails to fulfill their payment obligations, allowing creditors to secure their rights.
• To ensure equitable distribution of payments to creditors of a bankrupt company.
• For restructuring debts through composition agreements.
To protect your legal rights in matters of debt and credit, initiate enforcement proceedings, or manage bankruptcy processes, consulting a lawyer is highly advised. With expert support, safeguarding your rights becomes significantly easier.