Suspension of enforcement
A stay of enforcement is the measure by which enforcement is temporarily halted, under the conditions provided for by law, until the challenge against enforcement is resolved or until other situations provided for by the applicable legal provisions arise. A stay of enforcement may be requested both in general-law enforcement and in tax enforcement, according to the nature of the enforcement and the conditions provided for by law.
Depending on the particular features of each case, an application for a stay of enforcement may be filed together with a challenge against enforcement or under the conditions provided for by law during the course of the procedure. Analysing the admissibility conditions, the enforcement documents and the existing documents is essential for establishing the legal steps that may be taken in each case.
A stay of enforcement may produce important effects on the conduct of the procedure, including by temporarily suspending the enforcement measures until the application or the challenge against enforcement is resolved, under the conditions provided for by law. The conditions concerning a stay of enforcement differ according to the nature of the enforcement, the applicable legal provisions and the particular features of each case.
Observing the provisions of the Code of Civil Procedure, the Code of Fiscal Procedure and the other applicable legislation contributes to the exercise of the rights of the persons involved in the enforcement procedure. For this reason, analysing the documents and establishing a legal strategy tailored to each case are essential for filing the application for a stay of enforcement.
Frequently asked questions
What is a stay of enforcement?
A stay of enforcement is the measure by which enforcement is temporarily interrupted, under the conditions provided for by law, until the challenge against enforcement is resolved or until other situations provided for by the applicable legal provisions arise.
Can a stay of enforcement be requested together with a challenge against enforcement?
Yes. Under the conditions provided for by law, an application for a stay of enforcement may be filed together with a challenge against enforcement or in the cases provided for by the applicable legal provisions.
Is the payment of a security required for a stay of enforcement?
In most cases, a stay of enforcement is conditional on the payment of a security, in the amount established in accordance with the applicable legal provisions. The security is a guarantee deposited to cover any loss that might be caused to the creditor by the stay of enforcement, should the application be rejected. The obligation to pay and the amount of the security are established according to the type of stay requested and the applicable legal provisions.
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