Legal succession in enforcement proceedings

Extracts for legal literacy News

We remind the residents of the Republic that the Resolution of the DPR  Government dated 12 July 2021 No. 48-3 “On Amendments to the Temporary Order on Enforcement Proceedings of the Donetsk People’s Republic in a new edition”, Chapter 2 of this Order is supplemented by Article 81.

Thus, in cases: death of an individual, reorganization of a legal entity, transfer of the right of claim, transfer of debt, – the bailiff replaces the party of the enforcement proceedings by its legal successor.

The bailiff replaces the party on the basis of:

– a court decision to replace the party of the enforcement proceedings;

– documents of title confirming the withdrawal of the party of the enforcement proceedings.

It must be remembered that the bailiff makes a decision on the replacement of a party by a legal successor no later than the next day and sends it to the plaintiff and the debtor, as well as to the court or other body or official that issued the enforcement document.

For the legal successor, all actions committed before his entry into enforcement proceedings are mandatory to the extent that they were obligatory for the party he replaced.