Enforcement and Proof in Actions for a Declaration of Non-Indebtedness
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Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople
An action for a declaration of non-indebtedness is a request by a person identified as a debtor for a determination that they owe no debt under substantive law. Article 72 of the Enforcement and Bankruptcy Law regulates its relationship with enforcement proceedings. The action may be brought before or after enforcement begins, but the conditions for protection differ.
A legal interest is required to bring the action. Seeking a declaration concerning a hypothetical relationship where there is no concrete debt allegation or serious threat of enforcement does not automatically satisfy that condition. The enforcement file, demands sent, and the parties' statements must be assessed together.
The burden of proof is not determined solely by a party's status as claimant or defendant. An allegation that no debt arose and a defence that an existing debt was paid rely on different facts. The existence of an instrument, admission of a signature, payment or release documents, and the nature of the underlying relationship may affect the evidentiary regime.
Bringing the action does not automatically stop enforcement. The law distinguishes interim measures available before and after proceedings begin. Particularly after enforcement has commenced, stopping the entire proceedings and preventing money held by the enforcement office from being paid to the creditor are different requests. Security and other conditions also apply.
For example, a claimant alleging payment of an instrument's amount must explain the connection between the payment and the debt under enforcement. Payment during the action may raise the question of converting it into a restitution claim. The outcome depends not only on the enforcement file becoming final but also on adjudication of the merits of the debt relationship and the law's specific consequences.
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This article has been prepared for general legal information purposes.