Crime Of Execution And Bankruptcy-Breach Of Commitment

In order to punish the debtor for the offense of breach of commitment, it is necessary to have an enforcement proceedings initiated and a debt payment agreement has been made between the debtor and the creditor before the enforcement office and the borrower has not fulfilled its commitment in this payment agreement.

If this payment agreement is arranged as installment payment in the context of ICC Article 1111, the payment days and the amount payable must be clearly specified in this agreement. Otherwise, this situation may constitute an obstacle to the violation of the commitment. In addition, whether or not this commitment is made in the Executive Directorate is also important in terms of crime. In other words, this crime will not occur in case of non-compliance with commitments made outside the enforcement office.

Again, the violation of the commitment is subject to the follow-up of the crime and the complaint should be made within three months of the date of the crime and probably within one year.

The court in charge of crime is the Executive Criminal Court. The competent court is the enforcement court to which the enforcement directorate is attached.