Appellate Review and Security for a Stay of Enforcement

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Applying for appeal or cassation against a court decision generally does not automatically stop enforcement. A stay of enforcement is separate protection concerning implementation of the judgment while appellate review continues. The nature of the decision and special cases requiring finality must be assessed separately.

Article 36 of the Enforcement and Bankruptcy Law sets particular security requirements for judgments concerning money or property. A deposit, suitable security, or attached assets sufficient to cover the claim must be examined within that framework. The sufficiency of security depends on the obligation awarded and the file's calculation.

The enforcement director granting time to obtain a decision and the decision staying enforcement are not the same action. Under the current rules, the authority issuing the decision is the enforcement court at the place where proceedings are conducted. Application to the appeal or cassation authority does not replace the decision required from the enforcement court.

The stage of appellate review, the decision's scope, and continuation of security must be monitored together. Rejection of the application or reversal of the judgment may have different consequences for security and enforcement. Under Articles 350 and 367 of the Code of Civil Procedure, enforcement of maintenance decisions cannot be stayed.

For example, merely submitting the appeal application to the enforcement file does not replace the required stay decision. Providing security alone also does not complete all subsequent stages. The appellate record, document granting time, and court decision serve separate functions in the file; the enforcement authority's implementation must accord with their actual scope.

This article has been prepared for general legal information purposes.