Θεσμοί Πολιτικής Δικονόμίας

1. Where any person is by any judgment or order directed to pay any money, or to deliver or transfer any property movable or immovable to another, it shall not be necessary to make any demand thereof, but the person so directed shall be bound to obey such judgment or order upon being duly served with the same without demand.

[Δ.Κ. 30.5.1997] [Text added by: Δ.Κ. 30.5.1997:] Νοείται ότι το Δικαστήριο ή Δικαστής πριν τη χορήγηση αναστολής εκτέλεσης μεριμνά για την καταβολή των εξόδων που έχουν προκύψει ή αναμένεται να προκύψουν σε σχέση με την κατάσχεση.

2. Where any person who has obtained any judgment or order upon condition does not perform or comply with such condition, he shall be considered to have waived or abandoned such judgment or order so far as the same is beneficial to himself, and any other person interested in the matter may on breach or nonperformance of the condition take either such proceedings as the judgment or order may in such case warrant, or such proceedings as might have been taken if no such judgment or order had been made, unless the Court or a Judge shall otherwise direct.

3. Where a judgment or order is to the effect that any party is entitled to any relief subject to or upon the fulfilment of any condition or contingency, the party so entitled may, upon the fulfilment of the condition or contingency, and demand made upon the party against whom he is entitled to relief, apply to the Court or a Judge for leave to issue execution against such party. And the Court or Judge may, if satisfied that the right to relief has arisen according to the terms of the judgment or order, order that execution issue accordingly, or may direct that any issue or question necessary for the determination of the rights of the parties be tried in any of the ways in which questions arising in an action may be tried.

4. No writ of execution shall be issued without the production to the officer by whom the same should be issued of an office copy of the judgment or order upon which the writ of execution is to issue. And the officer shall (where necessary) be satisfied that the proper time has elapsed or (where necessary) the proper leave given to entitle the creditor to execution.

6. Every writ of execution for the recovery of money shall direct the deputy sheriff to levy the money really due and payable and sought to be recovered under the judgment or order, stating the amount and the costs of the execution. And the writ shall also direct in what manner the money levied in execution is to be disposed of by the deputy sheriff.

7. Every person to whom any sum or money or any costs shall be payable under a judgment or order shall, so soon as the money or costs shall be payable, be entitled to apply for the issue of writs to enforce payment thereof, subject nevertheless as follows:-

8. Where six years have elapsed since the judgment or date of the order, or where any change has taken place by death or otherwise in the parties entitled or liable to execution, the party alleging himself to be entitled to execution may apply to the Court or a Judge for leave to issue execution accordingly. And such Court or Judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any question in an action may be tried. And in either case the Court or Judge may impose such terms as to costs or otherwise as shall be just.

10. Any person not being a party to a cause or matter who obtains any order or in whose favour any order is made shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person not being a party to a cause or matter against whom obedience to any judgment or order may be enforced shall be liable to the same process for enforcing obedience to such judgment or order as if he were a party to such cause or matter.

11. Any party against whom judgment has been given on an order made may apply to the Court or a Judge for a stay of execution or other relief against such judgment upon the ground of facts which have arisen too late to be pleaded; and the Court or Judge may give such relief and upon such terms as may be just.

12. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction, or judgment for the specific performance of any contract, be not complied with, the Court or a Judge, besides or instead of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done so far as practicable by the party by whom the judgment or order has been obtained, or some other person appointed by the Court or Judge, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Court or a Judge may direct and execution may issue for the amount so ascertained and costs.

13. Any judgment or order against a corporation wilfully disobeyed may, by leave of the Court or a Judge, be enforced by sequestration against the corporate property, or by attachment against the directors or other officers thereof, or by writ of sequestration against their property.

15. If either the deputy sheriff executing a writ or any person interested in or affected by the execution thereof wishes to have the Court's directions in any matter relating to it, he may apply to the Court out of which the writ issued or to a Judge thereof, for directions to the deputy sheriff; and the Court or Judge may, either ex parte or upon notice given to such person as the Court or Judge may think fit, give such directions as may be just. Directions given to the deputy sheriff on his own application need not be entered as an order. In other cases any person interested in or affected thereby may require the directions to be entered as an order and deliver an office copy of the order to the deputy sheriff for compliance therewith, or may appeal therefrom if dissatisfied :

16. Where any judgment or order is sought to be executed out of the District of the Court by which such judgment or order is given, the writ shall be prepared by a Registrar of such Court in the same manner as any writ of execution to be executed within the District of the Court is prepared, save that it shall be addressed to the Sheriff of the District within which the writ is to be executed. Such writ shall be delivered by a Registrar to the party applying for the same, and shall be presented by him to the Registrar of the Court within the District of which it is to be executed. On presentation thereof by him the same shall be signed by one of the Judges of such last-mentioned Court, and shall then be passed to the Sheriff for execution.

17. Such writ when so signed shall for all purposes be deemed to be a writ issued out of such last-mentioned Court, and all questions arising in the course of, or consequent on the execution of such writ, shall be disposed of by such last-mentioned Court.

are in arear, the Registrar shall, if the person for whose benefit the payment should have been made so requests in writing, and subject to any directions that may be given by the Court or a Judge, take all such proceedings as may be necessary to enforce payment of any money due as aforesaid, and he shall pay the money when so collected to such person : Provided that the said person shall have the same liability for all the costs properly incurred in the proceedings as if the proceedings had been taken by him.

[Δ.Κ. 23.12.1965] 19. Ανεξαρτήτως παντός διαλαμβανομένου εν τω παρόντι Διαδικαστικώ Κανονισμώ δί ού απαιτείται η προσαγωγή πιστοποιημένου αντιγράφου αποφάσεως ή διατάγματος δια σκοπούς εκτελέσεως, οσάκις δεν είναι εφικτή η προσαγωγή εις το Δικαστήριον του φακέλλου διαδικασίας ένθα εξεδόθη η τοιαύτη απόφασις ή διάταγμα και του βιβλίου αποφάσεων ή διαταγμάτων ένθα ταύτα κατεχωρίσθησαν, δεν θα απαιτήται η προσαγωγή τω Δικαστηρίω ή τω πρωτοκολλητή πιστοποιημένου αντιγράφου της τοιαύτης αποφάσεως ή διατάγματος, νοουμένου ότι η ακόλουθος μαρτυρία θα προσκομίζηται προς τεκμηρίωσιν της αιτήσεως δι' εκτέλεσιν:

(α) ένορκος δήλωσις του εξ αποφάσεως πιστωτού παρέχουσα πλήρεις λεπτομέρειας της αποφάσεως ή διατάγματος του Δικαστηρίου, και του ποσού το οποίον εισέτι οφείλεται δυνάμει της τοιαύτης αποφάσεως ή διατάγματος,

(β) ένορκος δήλωσις του δικηγόρου ο οποίος ενεφανίσθη διά τον εξ αποφάσεως πιστωτήν κατά την ημερομηνίαν καθ' ήν η τοιαύτη απόφασις ή διάταγμα εξεδόθη-

(ι) παρέχουσα πλήρεις λεπτομερείας αναφορικώς προς τους διαδίκους οι οποίοι ενεφανίσθησαν αυτοπροσώπως ή αντεπροσωπεύθησαν διά δικηγόρου κατά την ακρόασιν και κατά πόσον οιοιδήποτε των διαδίκων δεν ενεφανίσθησαν ή δεν αντεπροσωπεύθησαν,

(ιιι) επισυνάπτουσα αντίγραφον του κλητηρίου εντάλματος (ή οιουδήποτε άλλου εντάλματος ή αιτήσεως), τα δικόγραφα (pleadings), το αρχικόν πρακτικόν της αποφάσεως ή διατάγματος το ληφθέν επί του φακέλλου του και οιονδήποτε άλλον σχετικόν έγγραφον του οποίου η προσαγωγή ήθελεν απαιτηθή υπό του Δικαστηρίου, και