Suspension of the execution of a resolution of premises owners in proceedings to secure claims against the background of other regulations

Abstract

The Act of Ownership of Premises establishes a special method of securing a claim for abrogation of a resolution made by the owners of premises; such method consists in the suspension of the execution of the resolution until the court hearing is completed. The court, on request or ex officio, will issue a decision to secure a claim using the provisions of Articles 730 et seq. of the Code of Civil Procedure. The only acceptable method to secure such a claim is suspension of the execution of the contested resolution. Other regulations, such as the Code of Commercial Partnerships and Companies, also contain provisions laying down specific methods of securing the claim, adequate to the asserted claim, however, these methods introduce certain derogations from the general rules as regards the conditions and methods of securing claims as provided for in the provisions of the Code of Civil Procedure.