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Law (1981:775) For The Inclusion Of The Enforcement Code

Original Language Title: Lag (1981:775) om införande av utsökningsbalken

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General provisions



section 1 of the enforcement code and this law shall enter into force on 1 January 1982.



section 2 of the repealed By the enforcement code limitation imposed by

This law



Execution Act (1877:31 p. 1),



Regulation (1877:31 p. 51) about the new law enforcement introduction and what

in respect of relatively be taken shall,



Act (1921:244) om utmätningsed,



Code (1949:249) If termination in some cases of the effect of a default judgment

or rash in the recovery objectives under section 77 Enforcement Act led,



importation Act (1968:621)



Act (1971:494) if the forced sale of real property,



Act (1971:500) if the forced sale of aircraft, etc.,



Act (1973:1130) about the forced sale of registered ship etc.,



Regulation (1844:46 p. 2) prohibiting certain specific

courts,



Regulation (1855:66 s. 1), regarding trade books and

trade bills and



Regulation (1863:5 s. 3) concerning the renewal of the Swedish Government

decision, which lost its Executive Force in the foreign State.



paragraph 3 of the present in a law referring to the

a regulation has been replaced by a provision of the

the enforcement code or this Act, shall apply instead of the

new provision.



Common transitional provisions



the provisions of paragraph 4 of section 1 of the execution Act (1877:31 p. 1) about who

is överexekutor shall still apply in terms of objectives to be

dealt with by överexekutor after the entry into force of the beam.



paragraph 5 of the Goals that are pending with the entry into force of the beam at överexekutor

shall also then be handled by överexekutor, unless otherwise follows from

the second paragraph. In respect of such cases concern older law with respect to

the procedure but the new provisions of the enforcement code,

the code of judicial procedure and assistance Act (1981:847) in terms of the targets

substance, unless otherwise provided for in this Act.



Överexekutors position with goals that do not relate to lament over

the man's execution procedure is terminated by the end of 1982.

Targets that do not relate to official assistance or lament over the man's execution

proceedings may also be handed over prior to a competent

enforcement authority, if appropriate.



6 § with regard to targets that are pending with the enforcement authority at the

the entry into force of the code applies to the provisions relating to both

the procedure targets substance, unless otherwise provided in

This law. The same applies to proceedings which according to paragraph 5, second subparagraph, shall be forwarded

to the enforcement authority.



as prescribed in section 7 of the code if the conditions for enforcement

not affect the validity of any action taken or decision

for enforcement granted prior to the entry into force of the beam.



What, after the suspension of the execution Act (1877:31 p. 1),

According to the code of judicial procedure or assistance Act (1981:847)

If the conditions for the attachment or other similar security measure

or for assistance not affect on the validity of official assistance as

granted under the execution Act, unless otherwise provided for in this Act.



Transitional measures to Chapter 1. the enforcement code



section 8 with respect to targets that are pending with the enforcement authority at the

date of entry into force of the beam older rules are applied in the query

whether they shall be considered as individual or general objectives.



section 9 of the code of the site the right also applies to Vattenfall's law

granted under the Act (1907:36 s. 1) if the right to use immovable

property.



Transitional measures to Chapter 3. the enforcement code



section 10 Has a court after the entry into force of the beam with the aid of other

team than the code of judicial procedure decreed that a judgment or decision may

executed before the judgment or decision has become final,

enforcement authority for the purposes of Chapter 3. § 9 in the beam

require security to be provided by the applicant for compensation

may be required to pay if the judgment or order is changed.



section 11 Has a court prior to the entry into force of the beam decreed that a judgment

or a decision may be executed before the judgment or decision has won

the force, to be 42 § subsection 2. Execution Act (1877:31 p. 1)

still applied.



section 12 Other arbitration which, by law, must give pause to this Institute than

such as referred to in Chapter 3. 15 or section 16 of the code may be executed, if

the non-existence of a circumstance that makes the judgment null and void, even if

an action is not brought against that judgment. In the case of enforcement concerns Chapter 3. 17

and section 18 of the code.



paragraph 13 of the administrative decision by the authorities, which has been granted in accordance with a

provision that have been added prior to the entry into force of the beam, without

obstacles of Chapter 3. Article 1, first paragraph (6) of the code, if a

such a decision before the entry into force have been implemented without the support of

special regulation. In the case of enforcement concerns Chapter 3. 20 §

the first paragraph in the beam.



section 14 regarding the enforcement of such decisions by överexekutor as

referred to in section 51 4 mom. and 52 § 1 mom. second sentence execution Act

(1877:31 p. 1) applies to what is said in the beam of an under legal judgment. In

ask about other decisions by överexekutor § 3 and 4 apply subsection 46. as well as the

53 and 210 § § Enforcement Act.



section 15 Of a claim due to inrop of the personal property at a public

the auction, which took place before the entry into force of the beam, the garnishment

still be in accordance with § 55 execution Act (1877:31 p. 1).



A written, by two people witnessed the marriage on contributions

due to municipality for children's health under paragraph 72

child care Act (1960:97), which was created before the

entry into force, shall be enforced even then. In the case of the conditions laid down

for garnishment or import applied older provisions.



Transitional provisions to 4-6. the enforcement code



for the purposes of section 16 of Chapter 4. the third paragraph of article 10 of the code shall

account not taken of period of grace has expired before the date of entry into force.



section 17 regarding the effect of the injunction, which was given according to 69

Execution Act or section 91 (1877:31 p. 1) or section 5 of the Act (1971:494)

If the forced sale of immovable property, the older provisions.



section 18 of the Regulations in Chapter 4. section 27 of the code does not apply when a claim

before the entry into force of the beam has been established for payment in other

cases referred to in section 77 Enforcement Act (1877:31 p. 1).



Article 19 If enforcement has been decided before the entry into force of the beam, the

older provisions in respect of the entry of the preferential right or, in the case

If the precedence in the cases referred to in Chapter 4. the third paragraph of section 30 of the Act.

Those provisions precedence not entered when the beam

enters into force, causes the attachment right in and with

the entry into force or, in the case of attachment of earnings due to

payment after the entry into force, when the due time has expired.



section 20 of the provisions on housing rights in Chapter 5. 1 § 6 and Chapter 6. paragraph 3 of the

the second paragraph in the Code apply also with regard to the rights of the participants in a

compound, not housing association, or in a partnership

or a limited company, with the share-right follow right to possess

or rent an apartment.



The provision in Chapter 5. section 13, first paragraph, of the code is not applicable in

where a landlord or landlords, according to § 34 Act (1970:995) about

introduction of new land code has the right to detain the property of

Security for a claim of a tenant or leaseholder.



Transitional provisions for 8-12 Cape. the enforcement code



section 21 the provisions of Chapter 8. section 12 of the code and section 13 of the same chapter

with respect to a receivable connected with preferential rights in accordance with paragraph 5 of

first subparagraph 1 förmånsrätts Act (1970:979) is not applicable, when

seizure has occurred prior to the entry into force of the beam. The same applies to 8

Cape. paragraph 15, second subparagraph, if the attachment relates to property other than as

mentioned in section 139 4 mom. Execution Act (1877:31 p. 1).



Have in a sale prior to the entry into force of the code of property

referred to in Chapter 9. Grace left with the payment of the purchase price,

for older provisions with regard to the utilization of paid

down payment.



section 22 Has been seizure of property that the debtor has acquired on

credit subject to readmission right for the creditor and is

Act (1915:219) hire purchase applicable to the contract, shall

application of Chapter 9. section 10 of the code, the creditor's claim be determined

According to the third subparagraph of paragraph 6 of the said law.



section 23 If a debt securities according to the older provisions are taken in

vessels or immovable property is pledged under Chapter 9. section 15 of the code,

cease personal liability because of debt.



section 24 If a debtor's right to share in mortgage on his aircraft

or associated spare parts have been seized and a case

regarding the writing-off of the amount due by the debtor

raised on an enrolment day before entry into force of the code, shall

Chapter 9. section 16 of the Code apply to the document due to

the mortgage was given for that written-off amount.



When a debtor's right to mortgage on his aircraft or related

related spare parts or to share therein has been imposed before the beam

entry into force, the period within which the applicant has to produce

claim under Chapter 9. paragraph 16, compared with 14 of the first

paragraph shall be counted from the date of entry into force.



section 25 If a ship under section 16 of the Act (1984:650) if

Introduction to the law (1984:649) on the chattel is subject

a chattel, to be sold by way of execution in accordance with Chapter 10. in

the beam, shall be notified to the creditor and the claim notified is taken

up in substance register.




The provisions of Chapter 10. in the beam if the allowances referred to in Chapter 3. 4 §

maritime law (1994:1009) apply with respect to interest, which, according to

paragraph 14 or 15 transitional provisions to the Act

(1973:1064) amending the law of the Sea (1891:35 p. 1) instead of

such a supplement shall be calculated on the principal amount of a

mortgage under the older law.



What is said in the spar registered ship also applies in the case

If the boat which, according to paragraph 5 transitional provisions to the Act

(1973:1064) amending the law of the Sea (1891:35 p. 1) are listed in

the ship registry's ship's part. Law (2001:380).



section 26 of the Regulations in Chapter 12. in the beam if the allowances referred to in Chapter 6. paragraph 3 of the

Land Code apply in respect of the interest, as referred to in section 26 or 27

Act (1970:995) on the introduction of the new land code will instead of

such a premium is calculated on the principal amount of a mortgage pursuant to

older teams.



section 27 rate is committed under older rules or another

such claims that are not specific to the capital raised in the

thing register according to the rules on claims of lien

and calculated to the amount after 5% annual interest rate

is the claim value on the closing date. Is it a question of a

annuities, however, shall the calculation take place on the basis of article 3 of the law

(1967:531) if securing the pension commitment, etc.



section 28 of the Regulations in Chapter 12. in the beam of usufruct, easements and

the right to the electric power also applies to other such special right

that troubles immovable property because of a grant under the older

provisions.



section 29 Shall compensation be paid to the holder of the right to avkomst

or other benefit under the older provisions trouble real estate

and not maintained on the sale of the property, calculated dividend for

the capital value of the benefits in money or goods after the resort

price is estimated on the closing date. In the case of kapitalvärdets

in doing so, section 27 of the calculation is applied.



Transitional measures to chapter 13 and 14. the enforcement code



section 30 When a forced sale has taken place or a seized claim

has recovered before the entry into force of the beam, the older law in the

aspects that are regulated in chapter 13 and 14. in the beam.



What about recycling in § 153 execution Act (1877:31 p. 1)

still, when a decision on the allocation has been granted in accordance with

older teams.



Transitional provision 15. the enforcement code



section 31 When funds prior to the entry into force of the beam has been suspended pursuant to

a decision on admission, apply section 24 of the Act of importation (1968:621)

releasing the debtor from payment obligations.



Transitional measures to Chapter 16. the enforcement code



32 section When an application for removal has been made before the entry into force of

the beam, shall for the purposes of Chapter 16 of the. paragraph 5 of the code, the period of

six months provided there are counted from the date of entry into force.



33 § in the case of skringringsförbud which has been granted in accordance with

Execution Act (1877:31 p. 1) or other applicable law as stated

in the beam of the attachment.



Transitional measures to chapter 17. the enforcement code



34 § when the garnishment or other enforcement has taken place prior to the

entry into force, the older law with respect to costs in the case.

The provisions of chapter 17. However, section 12 of the code, when a dispute at

a distribution of funds be reviewed by the enforcement authority under Chapter 13.

the third subparagraph of paragraph 7.



In case that after the entry into force are dealt with by överexekutor applied

elder law with respect to costs in other cases than those referred to in the first

paragraph.



Transitional measures to chapter 18. the enforcement code



35 § in the case of an action against the decision which has been notified by a bailiff

before the entry into force of the beam and the procedure of överexekutor of the case

apply elder law. The provision in § 201 4 mom. Execution Act

(1877:31 p. 1) applies only if the property referred to therein have been sold

before the entry into force of the beam.



With regard to the action against the decision of the överexekutor and the procedure referred to in

the Court of appeal in the case applied earlier teams.



In the case of an action against the decision of the Court in cases that have been completed from

överexekutor and procedure of the Supreme Court of the objective applied

also the older law.



Other provisions



36 § travel ban given under the execution Act (1877:31 p. 1)

expires, if the beam enters into force.



The issue of the lifting of a security action granted under

Execution Act are heard by the Court or, if an action is not brought within

the matter of överexekutor.



37 § what in particular law or regulation is required

If the restraint on alienation shall instead refer to the attachment.



Överexekutor has granted a protective order under law other than

Execution Act (1877:31 s. 1), § 36 is applied.



38 § what in specific law about

the bailiff shall instead refer to the enforcement authority.



An action against the decision, which, after the entry into force of the beam will be notified by

enforcement authority under the special law,

shall be brought in the Court of appeal instead of in överexekutor.



§ 39 Goals, which according to the special law shall

review by överexekutor and non-lament

Enforcement authority, will instead be handled by

Enforcement authority.



Objectives according to the specific law which is

pending entry into force of the beam with överexekutor at

even then, handled by överexekutor, unless otherwise follows from

third paragraph.



Överexekutors position with goals that do not relate to lament over

decisions by the enforcement authority will expire by the end of

in 1982. The goal of such a nature that in accordance with the new provisions

shall be dealt with by the Swedish Enforcement Administration may even before that

forwarded to the enforcement authority, if appropriate.

Law (2006:700).



section 40 of the provisions of section 35 shall apply mutatis mutandis also in cases

referred to in paragraphs 38 and 39.



41 § law (1921:244) om utmätningsed applied still in question

concerning the application of the law which has been submitted to the bankruptcy judge

before the entry into force of the beam.



Regulation (1855:66 s. 1), regarding trade books and

trade bills still apply in respect of trade bills

issued while regulation was applicable.



42 § has a Swedish court or administrative authority imposed fines on any

payment obligation and has so much time elapsed after the imposition

the obstacles facing execution in a foreign State whose law

otherwise permitting its enforcement, the Court, upon application by the creditor

renew betalningsåläggandet, unless obstacle against

enforcement under Swedish law or other special reasons exist.

Before such decision is notified, the debtor shall be given the opportunity

to be heard.



Regulation (1863:5 s. 3) concerning the renewal of the Swedish Government

decision, which lost its Executive Force in the foreign State,

still, in the case of an application that has been made with the County Administrative Board

whereas the regulation concerned.