Civil Procedure and Enforcement Procedure
Core concepts
Civil procedure questions cover jurisdiction, parties, claims, evidence, and remedies. Know the difference between contentious and non-contentious proceedings, the requirements of a claim, and the effect of procedural defects. Understand the burden of proof, admissibility of evidence, and the force of res judicata. For enforcement, master the enforcement title, the opening of proceedings, the bailiff's acts, seizure, sale, and the remedies of the debtor and third parties.
Traps
Questions test the distinction between appeal, cassation and retrial, and the deadlines for each. Watch the rules on default judgments, on the suspension of proceedings, and on the enforcement of notarial deeds. A frequent trap is the difference between a claim for performance and an enforcement objection.
Rule of thumb
Identify the title, the competent authority, and the remedy. Example: A creditor holds a notarial deed with enforcement force; it may proceed directly to enforcement without a separate judgment, but the debtor may challenge the enforcement by objection within the statutory period.