Herald of Civil Procedure
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Introductory Commentary on Regulations in the Charter of Civil Procedure on the Enforcement Seizure on Real Estate within Executive Production, Personal Detention of the Debtor and Carrying Out of Foreign Judgments

In this article the author gives the comment to the provisions of the Charter of Civil Procedure 1864 оn the Enforcement Seizure on Real Estate within Executive Production, Personal Detention of the Debtor and Carrying Out of Foreign Judgments. The enforcement seizure on real estate was allowed as an exclusive measure of enforcement of the judicial resolution in case if other measures of execution didn’t give due effect. This measure was applied if the debtor within two months didn’t execute the requirement on debt payment. Thus levy of execution, its assessment and the subsequent realization from the public auction was formed. Replacement of public sale with payment of the 2-year income from real estate was allowed. The personal detention of the debtor was allowed as the sanction for dissatisfaction of requirements of a creditor. At detention departure the debt was considered as the extinguished. Creditor was also obliged to advance the maintenance of the debtor at his detention by introduction of «fodder money». Execution of foreign judgments, and, as well as, decisions of the courts of the Kingdom of Poland and Grand Duchy Finland was made within legal proceedings of recognition of the decision. It was executed by the general rules of executive production. 

Keywords: the Charter of Civil Procedure; executive production; recognition and carrying out of foreign judgments; detention; auction.

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S.Yu. Baranov