Training Activity: Instruments of protection in the phase of the implementation of the executive title

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 23 – 24 March 2023 the activity on topic: 

 “Instruments of protection in the phase of the implementation of the executive title. Prescription of administrative punishment on fine. Problems encountered in judicial practice. Lawsuits in the phase of the implementation of the executive title. Invalidity of the executive title.”

The panel in this training activity is composed of:   

1. Experts of the School of Magistrates:

• Dashamir Kore
• Antonela Prendi

1. Facilitator of the School of Magistrates:

• Anjeza Buzo

In this activity were elaborated various topics such as:

• Lawsuit on the invalidity of the executive title and is difference from other instruments of the protection of the debtor in the execution phase. Procedural characteristics of this trial. Competences to judge a lawsuit and problems regarding the time-limit of the submission of the lawsuit;
• Litigation in the lawsuit of the invalidity of the executive title. Bail relations in the  execution phase and problems encountered in judicial practice;
• Causes of the invalidity of the executive title. Judicial judgment an executive title and specific causes of its invalidity. The difference between the institute of review of the judicial judgment and the invalidity of the judicial judgment as an executive title;
• Suspension of the execution of executive title. Terms of appeal versus the decision-making of courts under the Article 609 of the CCP;
• Presentation of case laws regarding the lawsuit on the invalidity of the executive title;
• Judgment of appeal versus the executing activity of the executor. Procedural characteristics of this trial in the first instance and in the appeal. Legitimation of parties;
• Presentation of case laws regarding the appeal versus execution actions of the debtor, creditor and the guarantor of the obligation;
• Lawsuit for the claim of the object by the third person under the Article 612 of the CCP;
• Discussion of case laws and of legal problems encountered regarding the lawsuit for the claim of the object by the third person in the execution phase.