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IMPERATIVE PRODUCTION

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zapovedno-proizvodstvo2One prolonged lawsuit can be avoided now just by requiring issuing a writ of execution. This mechanism makes sense when it is expected that the prospective respondent will not deny his obligation. With such a production the court directly invites the debtor to pay or to return the property. In this way both sides save costs, time and nerves, and the state` s fee is halved. It is possible to be issued for claims or transfer of movable property with value up to 25 000 leva.


This limitation does not apply when a document listed in the CPC (Civil Procedure Code) is being enclosed, as for example a contract with notarization or promissory note. In the latter case, the private or the public enforcement agent can immediately proceed to action and then the debtor will not have the chance to hide his assets. With the so called imperative production, the new CPC replaced the extrajudicial execution grounds, when it was assumed that the lack of direct opportunity of the debtor to object contrary to his right of getting judicial protection. Such production had already existed even before the year of 1944. Such constructions are being used by a number of countries in the Western Europe in the so called uncontested small claims. The European Union which generally does not interfere into the traditionally central for the for the civil law and litigation matters, has allowed itself to introduce such a construction, applicable across the different countries.

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