To Execute Legal Definition
(n.1) inducing a judicial officer to take possession of the property of a unsuccessful party in a lawsuit (judgement debtor) on behalf of the winner (judgement creditor), to sell it and to use the proceeds to pay for the judgment. The procedure involves bringing the judgment before the clerk of the court and having a writ of execution issued, which is presented to the sheriff (or marshal, constable or other authorized officer) with instructions on the property to be executed. In the case of real property, the staff member must first lift the title (place a lien on the title) and then execute it (attach). However, the debtor (loser of the dispute) can pay the judgment and costs before the sale for the reimbursement of the real estate. This is one of the rights of the creditor. (2) Execution of a death penalty. See: execution order, death penalty) 14. In November 2007, a shareholders` agreement was signed by the four directors. The Chief Executive should also exercise functions related to foreign affairs. v. 1) terminate, enter into or perform as necessary in the performance of its obligations under a contract or court order. 2) sign and complete a document, for example by confirming the signature if necessary to validate the document.
and (3) confiscate property by court order. 4) death on the basis of a court decision. See: Treaty, Death Penalty, Execution, Execution) Usually, enforcement is carried out by a lawful means known as an enforcement order. The declaration serves as proof of the assets owed by the defendant, called the judicial debtor, to the plaintiff or judgement creditor. The order orders a judicial officer, usually a sheriff, to take the debtor`s property to settle the debt. Normally, an enforcement order can only be issued after a competent court has issued a judgment or decision setting out the rights and obligations of the parties involved. BE EXECUTED. Do, execute, do, follow. This term is often used in law; Because to perform an act is to do an act. 2.
It also means the performance of a contract, such as the performance of a contract; Therefore, some contracts are called executed contracts and other performance contracts. 3. Execution also means death on the basis of a legal penalty; When the sheriff executed the convict. sign a legal document to make it legally valid Neither country has published comprehensive statistics on the number of people they execute by bullets. Any type of personal property may be seized as part of enforcement, unless existing laws provide for specific exceptions. This property can include jewelry, money, and stocks. In most states, real property, including land, is also subject to enforcement. Intellectual property, which includes patents, copyrights and trademarks, is generally immune from enforcement. The execution of a judgment is normally pronounced by the registry of the court where the decision was given.
The registrar may order enforcement only if requested to do so by the judicial creditor or the lawyer of the judicial creditor. The time frame within which enforcement must take place varies from jurisdiction to jurisdiction. The application must be served on the sheriff or his deputy before it can be duly established that the summons has been issued. To fill; to do; sign; to be executed; to do; to be carried out in accordance with its conditions; to execute the command or purpose of. To complete all necessary formalities, such as concluding and signing a contract or signing and handing over a ticket. EXECUTION, crim. The execution of a convicted person, in accordance with the law, with a view to the execution of his sentence. Enforcement against a person is effected by order of capias ad satisfaciendum (Latin for “to bring the agency before the courts to settle the debt”).
According to this brief, the sheriff arrests and detains the accused until he confirms or exempts the verdict. Such execution is not intended to punish non-payment of the sentence. It is permissible to compel the debtor to disclose assets that have been fraudulently withheld from his creditor and whose judgment can be enforced. Laws providing for the enforcement of court for the enforcement of judgments in civil proceedings are not normally contrary to the provisions prohibiting imprisonment for debts. Civil or tortious acts for which action is generally permissible include those involving fraud or deception, and those involving negligence or misconduct in the performance of their duties or professional employment. The organization`s enforcement of the law is also generally appropriate in actions to compensate for personal injury or reputational damage, including defamation and defamation, and in actions for damages for malicious lawsuits. to execute the terms of a contract, plan, order, will, etc.; to perform work; to accomplish a task; to enforce the terms of a judgment. EXECUTION, contracts. The completion of a thing; such as the execution of a deposit and an authorized representative, which is the signature, sealing and delivery thereof. The process by which an official, usually a sheriff, is ordered by an appropriate court order to seize and sell as much non-exempt property from a debtor as necessary to comply with a court`s monetary judgment. Once the sheriff has raised, it is his duty to sell the confiscated property.
An execution sale is a sale of property by a sheriff acting as an officer acting under the execution warrant. A performance sale must be made to promote competition and get the best price. If necessary, the sheriff can hire an auctioneer as a broker to sell the property in order to get the cheapest price and collect the proceeds. Gridley, Doreen J. 1995. “Immunity of intangible assets from a writ of execution.” Indiana Law Review 28. In most jurisdictions, defendants in contract lawsuits are not subject to enforcement by the organization unless they have committed fraud. According to the laws of some jurisdictions, the penalty of imprisonment for debt has been completely abolished.
With respect to the seizure of property, enforcement is permitted in any act or proceeding in which a pecuniary judgment is recoverable and in any other measure or proceeding where permitted by law. For example, the victim of a motor vehicle accident can file a civil lawsuit to obtain damages from another party. If the plaintiff wins the case and the money is awarded by the defendant as part of the judgment, the court may authorize enforcement proceedings to settle the debt to the plaintiff. Enforcement creates a privilege that gives the judgement creditor qualified control over the assets of the judgement debtor. In most jurisdictions, a lien binds all personal or real taxable assets. It is sometimes referred to as a general lien because it relates to all of the defendant`s property. With regard to contracts, the execution of all the acts necessary to render a contract complete as an instrument, which reflects the idea that nothing more needs to be done to conclude a complete and effective contract. The execution of an act or conduct until its completion. In criminal law, the execution of a death sentence. EXECUTION, exercise. The act of enforcing the final judgment of a court or other tribunal.
The order authorizing the official to execute such a judgment is also known as enforcement. 2. A distinction has been made between enforcement, which is used to take money due under a judgement from the defendant`s assets, and final enforcement; and that which tends towards an end, but which is not absolutely final, as capias ad satisfaciendum, by virtue of which the body of the defendant is taken, with the intention that the plaintiff should satisfy his guilt, &c., the custodial sentence not being absolute, but until he serves it; This is called an execution quousque. 6 KB. 87. 3. Executions are used either to recover certain things or to recover money. 1. From the first class, the ordinances of habere facias seisinam.; (cf.) habere facias possessionem; (Q.V.) Retorno Habendo; (S.
A.) Distringas. (S. A.) 2. Executions for confiscation of money are those pronounced against the body of the accused, such as capias ad satisfaciendum (s. v.); an attachment (para. v.); those issued against his property and movable property; namely, the Fieri Facias, (q.v.); Die, venditioni exponas, (S. V.); those who complain about his lands, the levari facias; (see below) the Liberari facades; Elegitizes it. (S. A.) Empty 10 wine. From.
541; 1 ves. Jr. 430; 1 Sell. pr. 512; Ferry. From. H.T.; Com. Dig. H.T.; the different digestibles, H.T.; Tidd`s Pr. Index, h.t.; 3 bouv. Inst. n.
3365, ff. The courts may at any time allow enforcement to be modified in order to bring it into line with the decision on the basis of which it was given. 1 Serg. and R. 98. An error order is based on an enforcement judgment. 5 Reports 32, a; 1 Rawle, Rep. 47, 48; Enforcement order; Running is the opposite of executable, incomplete or yet to be executed.
The enforcement is the act by which the judicial officer appropriates the assets of the judicial debtor in order to comply with the order of the application. The fee must be collected by an official duly qualified to act in accordance with the provisions of the procedural documents. In most countries, the debtor has the right to choose the property on which the tax is to be levied and to inform the official accordingly.