What is meant by “executory process” in civil law?

Preparation for the Civil Process Test with well-crafted quizzes. Study with detailed multiple-choice questions, hints, and breakdowns. Prepare confidently for your test!

Executory process refers specifically to a legal procedure that allows for the immediate enforcement of a judgment without the need for a new trial or hearing. This process is typically employed when a creditor seeks to collect on a debt or enforce a lien, using a simplified method that can lead to swift action.

In this context, executory process allows for the direct execution of a court's order, such as seizing assets or property, as opposed to waiting for lengthy litigation or proceedings that might delay the enforcement. The ability to act quickly is essential in situations where the collecting party needs to secure their interests before there can be potential loss or obfuscation by the debtor.

This option accurately captures the essence of executory process, emphasizing its role in providing a streamlined mechanism for enforcing judicial decisions, particularly in civil law contexts. The other options describe unrelated procedures or concepts, such as initiating new lawsuits, negotiation tactics, or evidence gathering, which do not pertain to the concept of executory process.

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