Can The Action For Annulment Of Objection Be Heard Before Arbitration? 3 September 2019
The action for annulment of an objection is defined as a special type of case to enforcement proceeding without a judgement in bankruptcy and enforcement law. This issue is stated in Article 67 of the Bankruptcy and Enforcement Law as “the creditor whose executive proceeding is objected may apply to the court within one year from the date of notification of the objection and file the annulment of objection case by means of proving the existence of the claim in accordance with general provisions”. The action for annulment of an objection aims to ensure the continuation of the execution proceeding which suspended automatically due to objection of the debtor. At this point, the issue of the legal character of the action for annulment of an objection causes some hesitations which create significant results in implementation and leads to different opinions in the decisions of the Supreme Court. Indeed, there is no consensus on the character of the action for annulment of an objection neither in the decisions of the Supreme Court nor in the doctrine.
For further information please see: