The Controlling Role of the Operative Part of a Judgment in Judgment Enforcement

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

Enforcement based on a judgment means the execution of a court judgment or a document equivalent to a judgment by compulsory enforcement authorities. The obligation to be enforced is determined primarily by the operative part of the judgment. The reasoning of the decision does not, by itself, authorise the enforcement office to create a new obligation absent from the operative provisions.

Articles 24 et seq. of the Enforcement and Bankruptcy Law provide different methods of enforcement, including obligations other than monetary payments. Payment of money, delivery of movable property, eviction from immovable property, or the performance of an act may require different procedures. At this stage, it is important that the judgment is clear and capable of enforcement.

The same requirement of finality does not apply to the enforcement of every decision. The general rule and the exceptions applicable to the nature of the decision must be considered together. The special provisions of the Code of Civil Procedure must be taken into account for certain judgments concerning personal status, family law, or rights in rem over immovable property.

The enforcement office cannot retry whether the judgment is correct on its merits. Claims such as payment or deferment of the debt after the judgment are subject to the application and documentary requirements prescribed by law. An objection to the debt in ordinary attachment proceedings is not an ordinary remedy producing the same effect in judgment enforcement.

For example, any part of the awarded amount already collected must be taken into account in the enforcement file's calculation. Conversely, adding compensation not included in the judgment to the enforcement order raises an issue concerning the scope of the judgment. Applying for appellate review, staying enforcement, and the judgment becoming final must be examined as distinct legal concepts.

This article has been prepared for general legal information purposes.