Party Status and Representation in Enforcement Proceedings

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

The parties to enforcement proceedings are the persons designated as creditor and debtor in the enforcement application. However, the presence of a person's name in the file does not by itself prove that they are actually a creditor or debtor under substantive law. Capacity to be a party, capacity to conduct enforcement proceedings, and substantive standing are distinct concepts.

The legal capacity of natural and legal persons is the basis for their ability to be parties to enforcement. Whether they may act personally or through a representative requires separate examination. For minors, persons under restrictions of legal capacity, and legal entities, the basis of statutory representation and the scope of the representative's authority are important.

In proceedings conducted in a company's name, its trade name must not be confused with its representative's personal name. Pursuing a director's personal assets for company debt requires a separate legal basis. Similarly, the name of a sole proprietorship and the legal identity of its proprietor must be assessed distinctly.

A party's death must be considered together with inheritance and estate rules. Whether death occurs before or after enforcement begins may change the procedures required. Termination of legal personality, merger, or liquidation also requires succession and representative authority to be reflected in the file.

Transactions such as assignment of a claim or assumption of a debt may provide the substantive-law basis for a change of party in the file. However, misnaming a party is not the same error as directing proceedings against an entirely different person. Examining identity, representation, and substantive standing separately determines the legal framework of an objection or complaint.

This article has been prepared for general legal information purposes.