Challenges in enforcing judicial decisions: balancing the rights of creditors and debtors.

Enforcing court decisions comes up against many obstacles because it involves balancing the rights of creditors and debtors. Although the right to execution is an integral part of a fair trial, it can conflict with other fundamental rights such as privacy, housing, and dignity. Public entities enjoy immunity from execution, but for individuals, there are insolvencies that protect certain assets from seizure.

 

Procedural obstacles arise from remedies such as opposition and appeal, and various debtor situations, such as payment extensions, debt relief proceedings or collective proceedings, can suspend enforcement.