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执行资格
无法院
Admittedly, obtaining an executory title in court proceedings would likely be less protracted if the claim is based on a settlement as compared to the case where there has been none.
当然,在法院程序中取得执行资格对于以一项和解为根据的索偿要求很可能较无此根据的要求节省时间。
A possible way of obtaining an executory title would be for the parties who have reached a settlement to appoint the conciliator as an arbitrator and limit the arbitration proceedings to recording the settlement in the form of an arbitral award on agreed terms (as provided for, e.g., in art. 34(1) of the UNCITRAL Arbitration Rules (1976)).
Some preference was expressed in favour of enforcement by the creditor without prior court intervention, with executory title issued by a notary as the second-best solution.
In addition, under many legal systems, the decision by the referee or dispute review board, while binding as a contract, does not constitute an executory title, since it does not have the status of an arbitral award or a judicial decision.
The Commission may wish to consider whether, with a view to encouraging and facilitating conciliation, it would be useful for it to consider preparing harmonized legislative model provisions that would deal with questions such as the admissibility of evidence submitted during conciliation in subsequent arbitration or court proceedings; any role that a conciliator might play in subsequent arbitral proceedings; and the conditions under which a settlement reached during conciliation proceedings may be treated as an executory title.
It will recover then the sums near your spouse that is to say the seizure attribution: provided with an executory title, you can directly recover the sums available on the bank accounts of your ex-unites either you can address to the accountants of the Treasury after having made of it the request with the Public prosecutor near the Court of Bankruptcy Lastly, if the divorce is pronounced with the exclusive wrongs of the one of the husbands, this one can be condemned to damages in repair of the material loss and moral caused with the other unites.
Alternatives mentioned included enforcement by the secured creditor without prior court intervention, enforcement by the creditor with executory title, registered with a court or notarized, and enforcement based on presumptions or a limitation of defences in cases where judicial action was required.
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