Non-Working Periods and Postponement in Enforcement Proceedings

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

Non-working periods and postponement in enforcement law are restrictions on conducting enforcement, limited by time or circumstances. Non-working periods concern actions that may be performed at particular hours or on particular days; postponement means delaying enforcement because of the special circumstances of the debtor or another relevant person. Their conditions and effects differ.

The Enforcement and Bankruptcy Law restricts actions at night and on holidays while recognising certain exceptions. Where there is a risk of asset dissipation, attachment of particular income, or actions specifically permitted by law, the general prohibition alone is not a sufficient explanation.

Death, the death of close relatives, and serious illness are regulated separately by law. The person to whom postponement relates, when it begins, and the actions it affects depend on the circumstances. An allegation of serious illness does not invariably create an undocumented and indefinite bar to enforcement.

Postponement of enforcement does not mean that the debt has ended or the claim has become invalid. A distinction may be drawn between certain protective measures and advancing compulsory enforcement. When the reason for postponement ends, the stage from which proceedings will resume must also be assessed against the actions recorded in the file.

For example, upon the debtor's death, periods for accepting or disclaiming the inheritance must be considered together with the status of enforcement against the estate. The consequences of an action taken despite a prohibition on enforcement depend on the relevant special provision and complaint regime. Evidence of the debtor's personal circumstances forms a fundamental part of determining the legal scope of postponement.

This article has been prepared for general legal information purposes.