May 27, 2017

CIVIL PROCEDURE CODE OF THE STATE OF ERITREA

BOOK VII – ATTACHMENT AND EXECUTION OF DECREES

TITLE 1 – EXECUTION OF DECREES PASSED IN ERITREA

Chapter 1. – Courts Executing Decrees

Art. 406. – Principle.

A decree may be executed in accordance with the provisions of this Title either by the court which issued it or by the court to which it is sent for execution. Nothing in this Title shall affect the provisions of the Maritime Code regarding the arrest, detention and sale of ships.

Art. 407. – Transfer of Decree.

(1) The court which issued a decree may, by order in the form prescribed, or its own motion, or on the application of the decree-holder when execution is sought, send it for execution directly to another court where:

(a) the judgment-debtor resides, carries on business or personally works for gain within the local limits of the jurisdiction of such other court;

(b) the judgment-debtor has property sufficient to satisfy the decree within the local limits of the jurisdiction of such other court, but not of the court which issued the decree;

(c) the decree directs the sale or delivery of immovable property located within the local limits of the jurisdiction of such other court; or
(d) the court which issued the decree considers, for any other reason to be recorded, that the decree should be executed by such other court.

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