Article 1: Fundamental right to enforcement
Every creditor who is the holder of an enforceable title, whether judicial or extra-judicial, has the right to effective access to its enforcement in respect of his defaulting debtor, subject to the conditions provided for by the law and without prejudice to the reserve of those immunities from enforcement provided for in national and international law.
This right is granted without discrimination and regardless of the amount of the claim.
Article 2: The debtor is answerable for his debts on all his goods
The debtor is answerable for his debts on all his goods wherever these are to be found. National laws can require the debtor to declare the extent of his estate. They must provide for the applicable sanctions.
The debtor who deliberately organizes his insolvency makes himself liable.
Article 3: Enforceable titles
Are enforceable titles, all court decisions with power of enforceability as well as those documents to which the law grants the power of enforceability, in particular, authentic instruments, arbitral decisions, and judicial transactions.
Article 4: The immediately enforceable nature
The beneficiary of an enforceable judgment shall not be required to have recourse to other legal procedures to obtain enforcement.
Article 5: Costs of enforcement
The costs of enforcement are payable by the debtor, but the creditor must pay them in advance, except in those cases provided for by the law (in particular for the payment of maintenance).
In the event of the insolvency of the debtor, the costs are borne by the creditor.
Should the judge decide that the creditor has abused his power to seek enforcement, he may direct the creditor to pay the costs of enforcement and to compensate the loss sustained by the debtor.
States must ensure that these enforcement costs are fixed, predictable, transparent and reasonable.
They must make certain that these enforcement costs are fixed, predictable, transparent and reasonable.
Article 6: Speed of enforcement
States must ensure that all creditors have equal access to enforcement measures by providing judicial assistance.
Article 7: Legal hours
Enforcement may not take place outside the legal hours determined in accordance with the national law of the State of enforcement.
Article 8: Service of the enforceable title and acts of enforcement
Every measure of enforcement must on pain of nullity be preceded by the service or notification of the enforceable title on the debtor in accordance with the procedures provided for by national law. Every act of enforcement must be brought to the attention of the debtor.
Article 9: Access to information
States must make provision that all relevant bodies, both public and private, shall disclose as quickly as possible to the professionals instructed with enforcement all information that they hold about the domicile, registered office or principal place of business of the debtor, as well as about the elements constituting its assets. These bodies may not withhold information by invoking professional confidentiality.
Article 10: Alternative or participatory enforcement
States must ensure that the professional instructed with the enforcement has the option of adopting a consensual enforcement procedure at the request of the debtor.
In order to adapt the enforcement to the situation of the creditor and the debtor, states must allow the active participation of the parties to the enforcement.
Article 11: Reestablishment of the debtor
When it is necessary for the reestablishment of the debtor, the states shall introduce procedures that make it possible to settle the liabilities of the debtor.
Article 12: Use of new technologies
Acts of enforcement may be carried out using all forms of support, including non-material ones, subject to the precautions provided for by the national law of the state where the enforcement is made.
Article 13: Assistance of the forces of public order
The State must upon its responsibility guarantee the assistance within a reasonable period of time the assistance of the forces of public order to the professional persons instructed with the enforcement of enforceable titles who request same.
States must ensure that judicial officers and enforcement agents are able in the context of the implementation of an enforcement measure to enter the premises belonging to the debtor or occupied by same even without his consent or in his absence.
When the goods of debtor are to be found with a third party, the authorization of a court to enter the premises is required.
Article 14: Transparency
States must ensure that the public is informed about the measures of enforcement.
States must use the new technologies to allow cooperation between enforcement professionals both internally and internationally.
The creditor must be able to keep himself informed of the enforcement measure by using the new technologies where applicable.
Article 15: Extraterritoriality
Any measure that has effects of an extraterritorial nature may only be implemented by a judicial officer or enforcement agent of the State of the place of enforcement.