Comments to article 134. Debt collection based on a court order of the Civil Procedure Code of the Republic of Kazakhstan
1. A court order is a judicial act that is issued by a judge upon the application of the recoverer for the recovery of money or the recovery of movable property from the debtor for indisputable claims without summoning the debtor and the recoverer to hear their explanations and without judicial proceedings.2. A court order has the force of an enforcement document. Recovery by court order is carried out in accordance with the procedure established for the execution of court decisions.Writ proceedings are proceedings in the court of first instance, simplified and shortened in comparison with the claim proceedings. In addition, this production is more economical, since it has a lower amount of state duty to be paid.1. An important condition for writ proceedings is the indisputability of the requirements. This condition is also indicated by the fact that the parties in the writ proceedings are not referred to as the plaintiff and the defendant, but as the recoverer and the debtor. In writ proceedings, only money can be recovered or movable property can be claimed. A court order cannot be issued with respect to immovable property.The writ proceedings are based on documents submitted by the claimant. The parties are not summoned to court, and no court proceedings are held.1. A court order has the force of an enforcement document. A similar provision is contained in subparagraph 2) of paragraph 1 of Article 9 of the Law "On Enforcement Proceedings and the Status of Bailiffs". The recovery of money and (or) movable property by court order is carried out in accordance with the procedure established by this Law.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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