{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil-procedure:2015:article:417","workId":"law:eri:code:civil-procedure:2015","expressionId":"law:eri:code:civil-procedure:2015:en","title":"Application for Execution by Transferee of Decree","number":"417","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/417/","hierarchy":{"book":"BOOK VII — ATTACHMENT AND EXECUTION OF DECREES","title":"TITLE 1 — EXECUTION OF DECREES PASSED IN ERITREA","chapter":"Chapter 2. — Application and Process for Execution"},"paragraphs":[{"id":"p1","number":"1","text":"Where a decree, or if a decree has been issued jointly in favor of two or more persons, is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court that issued it.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/417/#p1","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":218,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/218/?article=417&paragraph=p1#article-417-p1"}]},{"id":"p2","number":"2","text":"Subject to the provisions of sub-Articles (3) and (4), the decree may then be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/417/#p2","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":218,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/218/?article=417&paragraph=p2#article-417-p2"}]},{"id":"p3","number":"3","text":"Where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment-debtor, and the judgment shall not be executed until the court has heard their objections, if any, to its execution.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/417/#p3","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":218,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/218/?article=417&paragraph=p3#article-417-p3"}]},{"id":"p4","number":"4","text":"Where a decree for the payment of money against two or more persons has been transferred to one of them, the transferee judgment-debtor cannot execute against the other judgment-debtor or debtors.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/417/#p4","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":218,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/218/?article=417&paragraph=p4#article-417-p4"}]}],"caution":"This is the English-language edition published in 2015 and attributed in its front matter to the Ministry of Justice. Refworld labels it an unofficial translation. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force."}