Título Decimoquinto
Article 425
The judge who rendered it in first instance must execute the judgment.
The judgments rendered by the arbitration tribunals must be executed by the Trial Court of the economic zone to which those tribunals correspond.
Article 426
For the collection of all kinds of benefits recognized in the course of the trial or in a final judgment of the Labor and Social Welfare Tribunals, as well as for that of the other benefits referred to in Article 101 of this Code, the judge on its own initiative and within the time limit of three days from notification of the final executory decision or from acceptance of the obligation, shall prepare the corresponding settlement, which shall be notified to the parties.
Against the settlement no appeal shall lie other than that of rectification, which is proper when in preparing it an error of calculation is incurred. Said appeal must be filed within twenty-four hours of notification of the settlement and in the respective memorial the error or errors shall be specifically stated, indicating the sum deemed correct. This appeal shall be decided summarily, without forming an interlocutory issue and shall admit no challenge whatsoever.
If within the third day of notification of the settlement or of the decision on the corresponding rectification appeal becoming final, the obligor does not make payment effective, the judge shall order that he be required to do so, issuing the respective writ and ordering, as appropriate, the attachment of property securing the amount owed, with designation of a depositary who is not required to post bond.
If within the third day of the attachment having been effected the debtor does not satisfy his obligation for the value of the debt, the attached property shall be put up for auction, which must take place within a time limit not exceeding ten days, without need for prior publications to be made, but these shall be made at the applicant's expense, if either party so requests.
In the record of auction the judge shall declare it awarded to the highest bidder or to the execution creditor, as the case may be, without said auction being subject to reopening, nor subsequent approval being necessary.
If the auctioned property were movable, except for the case indicated in the following paragraph, the judge shall order the depositary or whoever possesses it, its immediate delivery to whom it corresponds. In case of disobedience judicial seizure shall be ordered, without prejudice to any other liabilities incurred.
If the auctioned property were subject to entry in the register, as in the cases of immovable property or vehicles, a term of no more than five days shall be fixed on its own initiative to the obligor to execute the deed transferring ownership, under warning that the judge shall do so in his default.
When execution is initiated on the basis of an executory title, the procedure shall begin with the demand, continuing otherwise in the manner provided.
As to obligations to do, not to do or to deliver a specific thing, the provisions of Articles 862, 863, 864, 865, 869 and 870 of the Code of Civil and Commercial Procedure shall apply. As to matters not provided for by such provisions the procedures established by this article shall apply, and if the taking of evidence is necessary, the judge shall take it in a single hearing to be held at the request of either party within the five days following the attachment.
Article 427
Whoever, subsequent to the occasion on which he becomes obligated by virtue of an act or document that may entail execution, or who during the course of a trial pursued against him alienates his property, rendering himself insolvent to answer in the execution, shall be tried as the perpetrator of the crime of alzamiento.
When in the executive procedure attachment has been levied on property that proves to be insufficient, belonging to another person, or that in any other manner does not serve the intended purpose, at the request of a party and without forming a separate interlocutory proceeding, the judge shall order the extension of the corresponding attachment, immediately commissioning the enforcement officer of the tribunal for its completion.
In labor executive procedures, no remedy or recourse shall lie, except as expressly provided in this title.
Article 428
In cases not provided for in the present chapter, the judge shall follow by analogy, insofar as applicable, the steps of the executive procedure.
Source: CENADOJ, Organismo Judicial. Texto al 15 de octubre de 2018. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.