In short
The remedy to be read after an enforcement court decision is the route written at the end of the decision. This route is not the same in every decision. A regional-appeal petition is not pasted onto a decision that writes final. In a decision that writes that the regional-appeal route is open, the authority that will examine first is the regional court of justice in the judicial locality of the enforcement court that gave the decision. Cassation is not the short name of this sentence. A period day is not written into this text. The day is read from the pronouncement or service record.
Which route the last line writes
The decision may have come out of a complaint, a lifting of an objection, an ownership claim, or a matter relating to an auction. These matters do not have to carry the same closing sentence. If the last line says final, the regional-appeal door is not opened from this sentence for that decision. If the last line says the regional-appeal route is open, the place that will examine is the regional court of justice in the judicial locality of the enforcement court that gave the decision. If the last line says regional appeal, the Court of Cassation is not the first authority. Calling every enforcement court decision cassation by an old habit does not change the word on the last line.
Which matter was heard is read from the operative part. A sentence in the middle of the reasoning does not choose the route while there is no operative part. If there is no operative part, the route is not built from a guess on the file cover. The frame of a complaint decision stands under an enforcement complaint, and the frame of a lifting decision stands under the lifting of an objection. This text does not repeat how those two applications are written. It only reads the route after the decision that was given.
Which registry the petition will be left at is read from the explanation in the service record of the decision and from the procedure applied to that matter. This page does not lock the registry name. If the authority that will examine and the registry where the papers were left are taken as the same sentence, the file is completed as if it went to the wrong place. The registry record does not change the word on the last line.
The final note and the regional-appeal note are separate
If the last line says final, a regional-appeal petition does not bring that sentence into the open. Why the final note was written in that decision is read from the decision's own reasoning. The reason is not carried into this text. An amount, a threshold, and a rate are not written either. The authority takes the last line as the basis. The petition cannot correct the word on the last line by saying it is open. A paper given despite the final note is not treated as having opened the route of itself.
Decisions on the setting aside of an auction, on an ownership claim, and on a signature carry their own last lines. These matters are not closed with the closing sentence of a complaint that speaks of money. The list is not finished in this text. A list that is not finished is read from the sentence of the decision in hand. If the sentence is faint, a copy is taken out again. While there is no copy, a route is not chosen. If the short-form decision and the reasoned judgment stand in the same file, the last lines of the two are put side by side. If one is final and the other is silent, the silent one is not written in the place of the final one.
If there is more than one enforcement court decision in the same proceeding, the last line of each decision is separate. The closing of an attachment complaint is not the closing of a decision relating to an auction. The last date in the cover breakdown does not, on its own, answer the question of which decision's route it is. The date is written beside the operative part it belongs to.
Cassation is the own line of the second decision
The result of the regional-appeal examination is not open to cassation in every file either. The last line of the regional court of justice's decision is read separately. If that line says final, a Court of Cassation petition does not open the second decision to cassation of itself. If that line says the cassation route is open, the application is not a copy of the regional-appeal petition. There are two papers, two authorities, and two lines. The second authority is not chosen before the first line is read. The reasoning in the first petition is not treated as having changed the last line of the second decision.
A judgment annulling an objection in the general court is not the remedy of the enforcement court decision. The frame of the annulment action stands under the annulment of an objection. This text does not write the hearing of that action, or its proof. The last line of the annulment judgment is not pasted onto the enforcement court minutes. Even if the two judgments stand on the cover of the same enforcement file, their routes do not join. Which judgment came out of which court is read from the principal number and the court name.
Calling every application cassation in the old language does not skip the regional court of justice. Even if the heading of the petition is cassation, if the last line says regional appeal the place that will examine is read from that line. The heading does not stand in for the last line. If the last line says cassation, the petition is not treated as having gone to the regional-appeal authority a second time with the same request either.
The period runs from the pronouncement or service record
The period runs from the session at which the decision was pronounced, or from the date of service. Which one will be taken as the basis is read from the decision's own sentence and from the piece of service. If there is no piece, the period is not treated as having started. A day is not added to a period that is not counted. Pronouncement is the decision read to the party's face. Service is the paper that goes later. The two are not the same moment. In a decision that was not read to the face, a day is not kept as if there was a pronouncement. If, after a short-form decision read to the face, the reasoned judgment was served separately, which record is the start is read from the sentence of the decision. If there is no sentence, a single day is not produced by joining the two dates.
On whom the service went out is also on the line. Service that went out to the lawyer and service that went out to the party are not mixed. If there is no lawyer record in the file, service on the lawyer is not assumed. An envelope that went to a dismissed lawyer is not treated as having started the new lawyer's period. The period is not completed from an envelope that went to the wrong person. The principal number on the envelope shows which decision's service was attempted. If there is no number, the service of another file is not written onto this period. An hour that is not read on an electronic-service printout is not written in the place of the date on the paper.
A party who was present in the minutes and a party who was not present do not have to carry the same start. If pronouncement is written for the person who was present, that writing is read. For the person who was not present, the piece of service is looked for. If the piece does not stand, the period is not treated as having started for that party. One party's period running does not start the other party's period of itself.
The application does not take the attachment back of itself
The remedy petition does not take back the attachment or the sale in the enforcement file of itself in every matter. A stay is read by looking at the kind of the decision and at the regime provided for that matter. The deferral asked against an enforcement upon a judgment continuing despite the remedy is not a copy of this petition. The reading of the security and of the sale stands under deferral of enforcement. This text does not write those conditions. A filing receipt is not treated as having given rise to a stay decision. Before the stay is entered in the enforcement file, the sale hour has not been erased.
Leaving a photocopy of the regional-appeal petition at the enforcement directorate is not a stay writing either. The directorate adds the paper that came to it to the file. Adding it is not lifting the sale. The lifting of the sale exists if it is written in the enforcement file as a stay or a deferral. If there is no writing, the announcement hour stands. The auction day does not enter this text as a figure.
The three papers that are often mixed are these. The last line of the decision chooses the route. The service or pronouncement record shows the start of the period. The entry record in the enforcement file shows whether the attachment stopped. If one of the three is not there, the missing one is not completed with the other's sentence. The debtor's place of residence, or the district where the office is, does not change the regional court of justice in the judicial locality. The authority is read from the record of the enforcement court that gave the decision. If the record is faint, the name of the authority is not completed.
Which copy of the decision is being read
A short-form decision, a reasoned judgment, and a corrected second copy may stand side by side in the file. The copy that is read is the copy that carries the last line. A draft, or a printout that has not seen a transfer, is not a decision that was given. A decision that was given stands with a signature and a principal number. If there is no signature, a route is not chosen as if a last line existed. If the principal number belongs to another complaint, the last line of that number is not carried onto this matter.
If the copy of the decision and the piece of service are not in the same envelope, the two are kept separately. If the photocopy inside the envelope does not carry a service annotation, it is not treated as served. The annotation should show which copy was sent. If it does not show it, the period is not completed with a delivery that is remembered. If the last line of the copy in the other side's hand and the last line of the copy in the file conflict, the conflict is written. The conflict is not brought to the state of regional appeal being open by staying silent.
Conclusion
What is read is the last line of the decision and the pronouncement or service record. The final note and the regional-appeal note are separate sentences. Cassation is read from the own last line of the regional court of justice's decision. A filing receipt does not erase the attachment. A day and an amount are not written into this text. The frame is on the enforcement and bankruptcy law page. If the last line is in hand, which route was written can be separated with the file through contact. The basis is the provisions of the Enforcement and Bankruptcy Law numbered 2004.