Article 16: Delegating proceedings to another court

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 1120/2518 (1975)

   A court cannot directly enforce against property lying outside its jurisdiction; it must appoint the Court of First Instance where the property is located to enforce on its behalf under Section 16 with the final paragraph of Section 302. The appointing court retains authority over the execution until it is complete.

   For execution against property outside its area, the adjudicating Court of First Instance could not enforce directly and had to appoint the court where the property was located to do so on its behalf, under Section 16 with the final paragraph of Section 302. Once another court is so appointed, the appointing court still retains authority over the execution until completion, and may either have the executing court auction the seized property and remit the proceeds, or simply have it seize the property while conducting the auction itself.

2. Arrêt de la Cour suprême n° 9529/2558 (2015)

   A Court of First Instance conducting execution on another court's behalf, being close to the evidence, has the power under the second paragraph of Section 16 to hold an inquiry and to revoke an improper order of the execution officer, in the interest of justice.

   The plaintiff argued that the execution officer's refusal to seize property was unlawful. The Supreme Court held that the Court of First Instance conducting execution on another court's behalf, being close to the evidence, had power under the second paragraph of Section 16 to inquire into and revoke that order, and that this did not conflict with Section 302. The lower courts had wrongly held the plaintiff could not file the motion with the court executing on behalf.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.