Also! in its practice! the Supreme Court has already noted that in order to correctly Determined as a assess the legality of a resolution to collect the main remuneration of a private enforcement agent! ! issued by a private enforcement agent simultaneously with the resolution to initiate enforcement proceedings! the courts need to establish whatsapp lead the subject of enforcement proceedings (collection of amounts or transfer of property under an enforcement document).
Considering that at the time of opening enforcement proceedings
It is not always possible to determine the amount of the amounts actually collected or.The final value of the property transferred as a result of the actual execution by a private enforcement agent!
The courts should verify the calculation mechanism applied by the enforcement agent. When determining the amount of the basic the right to dignity: a path to inclusion and equality Determined as a remuneration and indicated by him in the resolution on the collection of the basic remuneration ! issued simultaneously with the resolution on the opening of enforcement proceedings.
The Supreme Court emphasizes that
Taking into account the provisions of Part Seven of Article 31 of Law No. 1403-VIII and Article 27 of Law No. 1404-VIII! a private enforcement agent! upon initiating enforcement proceedings! simultaneously adopts a resolution to collect the main remuneration and is obliged to calculate such remuneration! i.e.! clearly determine the amount that may be collected in the event that the enforcement agent fully executes the enforcement document.
Finally! it should be borne in mind that the amount of the main remuneration awb directory determined by the private enforcement agent in. The resolution on its collection! issued simultaneously with the resolution on. The initiation of enforcement proceedings! is not an amount that is guaranteed to be collected as a result of the actual execution of enforcement proceedings in cases of incomplete execution or non-execution of the relevant enforcement document.
The above legal position is set out in the Supreme Court resolutions of January 21! July 8! and December 24 in cases No.