Abstract

In the event of a debtor's delay, the creditor is entitled to a substitute performance, i.e. to obtain it without the participation of the debtor, though at their expense. As a rule, Art. 480 of the Civil Code requires getting a court permit for a substitute performance of an obligation, which does not only apply to emergency cases. The right to get a court permit for a substitute performance of actions is also provided for in procedural regulations, i.e. Art. 1049 of the Code of Civil Procedure. This regulation allows the creditor to get an appropriate authorization to perform an action in the event that such authorization has not been included in the enforcement order itself, and therefore the creditor did not exercise the right laid down in Art. 480 of the Civil Code.