If there are some justifiable reasons, it is a special way for the tenant to evict the rented real estate by the lessor.
Taking the Decision of Precautionary Foreclosures
Lien; it is the temporary confiscation of the property of the debtor to ensure that the creditor will receive a money on time. If the creditor is not sure that the debtor will pay his debt in a timely manner, he will first open the proceeds of the debtor’s custody in custody and open the case or pursue the execution. For the request of precautionary lien; the receivable has to be due and should not be provided with a pledge. However, if the borrower does not have a certain residence or if the debtor is prepared to hide his property, to evade his obligations, or if the debtor himself is preparing to flee, these two exceptional cases may be requested for an injunction.
Negative Detection and Indictment Cases
The Borrower may file a negative investigation case to prove that the debtor is not present before or during the execution. The court, which faces the negative action which was filed before the execution of the proceedings, may issue a preliminary injunction on the suspension of the enforcement proceedings against the collateral to be shown, not less than fifteen percent of the receivable upon request. In the case of negative clearance after the execution of the enforcement proceedings, it cannot be decided to stop the follow-up by way of precautionary measures. However, the debtor may ask the court not to give the money to the creditor through the precautionary measure against the collateral to cover the damages caused by the delay and not to be less than fifteen percent of the receivable. This collateral is the special condition of the negative determination case.
In respect of material law, a non-debtor has failed to prove that he is not indebted to the Execution Court, even though he neglected or objected to the payment order sent to him for certain reasons, and he did not open a negative case before the enforcement proceedings or the execution proceedings, If you have paid under the money can be sued to be returned to this case is called the case of the case. If the debtor has filed a negative remedy, the case will be resumed in the case of negligence in case of the payment of the debt at the end of the enforcement proceedings before finalizing the negative determination case.
In terms of the follow-up law of the case of prosecution case: the borrower is not obliged to pay money under the threat of forced execution due to the final enforcement of the enforcement proceedings. The debtor cannot open the case for the debtor if he / she has paid the debt without objecting within 7 days. Because, since there is the possibility of objection, there is no threat of forced enforcement. In this case, the cause of unjust enrichment can open.
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