Article 275: Application for a writ of execution

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4713/2566 (2023)

   An application for a writ of execution must clearly specify the method of execution requested, as required by Section 275(2); a challenge that the application failed to do so is decided on the terms of the application as filed.

   The judgment debtor argued that the creditor's application for a writ was improper because it did not clearly specify the method of execution as required by Section 275(2), and that new rights had arisen under a later agreement. The trial and appellate courts dismissed the debtor's motion to revoke the application, and the Supreme Court declined to grant leave to appeal.

2. Arrêt de la Cour suprême n° 3001/2568 (2025)

   An application for a writ of execution presupposes that the judgment debtor has failed to comply; where the party seeking the writ had in fact complied with the compromise judgment, there is no ground under Sections 274 to 276 to obtain the writ, and a writ issued in error may be revoked.

   Because the plaintiff had complied with the compromise judgment by holding under a new lease, the defendant had no basis to claim a breach or to obtain a writ of eviction under Sections 274, 275, and 276. The Supreme Court held the resulting writ was issued in error and could be revoked under Section 295 as a matter of public order.

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