Implementation priority

How Does the Execution Judge Determine the Priority of Enforcement Against the Debtor’s Assets According to the Supreme Court?

The Execution Judge must follow a specific order of priority when enforcing against the debtor’s assets:

  1. First, execution is to be carried out against the debtor’s cash funds, if available.

  2. Then, if necessary, enforcement proceeds against the debtor’s movable property.

  3. Finally, if the movables are insufficient, enforcement may be directed against the debtor’s real estate assets.

Supreme Court – Commercial Division
Appeal No. 204/2016 – Session dated 31/01/2017