Distraint of mortgaged assets in civil judgement enforcement

Abstract

The distraint of mortgaged assets in civil judgement enforcement is facing many obstacles and inadequacies in the law as well as in the practice of implementing the law on civil judgement enforcement. This leads to the fact that bailiffs not being able to distrain or handle the mortgaged assets of the debtor to secure other obligations even though those assets are eligible for distraint. This article analyses these problems and makes recommendations on improving and implementing the law on the distraint of mortgaged assets in civil judgement enforcement.