Home > Blossary: Pause of payment
With term ''pause of payment'', we actually mean here, in Law, more analytically, 'sudden pause of payment to third party' upon Court decision. This case, can be examined in the frame of Court Decision for several reasons, at all court grades, and in many cases; there can be many reasons for this to apply: For ex. also in Administrative Law, besides Civil Law, a pause of payment of third party, can apply, after 'sustain/objection of this party, against someone else, due prescription; in this case, we have the case in the frame of 'sustain of prescription', for a debt that is not applicable anymore, or as amount that would not be justified upon being paid, in such case. Also, another case, is if for ex. a party, claimant, has ordred payment, that is to be issued, by court decision, but has also other claims, and submits application, to coadjudicate this case, of payment thus debt, in the frame of this other claims, in a trial separately. Then court, (A' Grade Court can issue an order corresponding to decision of payment pause. Another case, also applicable in Administrative Law, is when an order of party has been issued for payment to third party, in this case, claimant and defender, but any third party that has legal interest to stop this trial, and claim this same payment in this case, through lawsuit on his/her behalf. Another case of pause of payment, by court decision, is for ex. when payee, has a pending debt, in sort/kind of warranty, and payment due in terms of securities, (can be bank note), to payer, that is due prior to date due of this order of payment on behalf of payer, then yes, in view also in this case, of sustain or prescription, this smaller debt of payer, who may be defendant, of trial X in this case, is balanced to debt of payee, who in fact becomes payer in this case, in turn. Also, another case of pause of payment to third party, by court decision, can be from bank for ex. for fraudulent non payment of installments subsequently, and debtor wants to send a cheque of payment but in delay, and out of deadline, bank can apply, in this case, due fraude, to court to issue pause of payment of debtor (payee) until entire case is adjudicated, turned from civil case, to penal case, in the frame of act of tort, that is usually considered to be ruled by fraude, or till this is proven in trial. etc. Another case, is also at the Process of Cancellation of High Court, in penal cases, if in case, for ex. suspension of prescription, leands in case X of adjudication by this Court, to prescription of claim, then this debt, corresponding to claim adjudicated, on behaft of appealant, is prescribed, too in this case. This all, generally of course, as in High Court and Process of Cancellation things are always more complicated.. Or, if, Prosecutor of High Const. Court, and entire Court, by using favorable orders of law, on retrospective basis and validity, thus application, has turned a criminal case to a simple penal case, that in Latin Law, has 6-12 months prescription, and in view of this, the debt does not apply, for ex. as bribe, but use of law of adjudication of this case, leading to prescription of this act, as criminal one, and as above all, the penal act, to which it would correspond in other case, is prescribed, due total time of adjudication, thus-->prescription, the H.C. can issue order of pause of payment, finally, if of course, in the frame of adjudication of this case of Cancellation, this debt was pending. Or, in a more specific case, if in view of group trial, accusation thus guilt, is attributed to another person of group, whose case is adjudicated ''currently'' wholly and totally for all person, then person X, is discharged from payment, through issuance of order of pause of payment, and another person is charged, who is found more guilty for ex. in the frame of this group trial, and cancellation-in which case possibly as appealant, or co-appealant, his Appeal to Cancellation is not accepted, or not accepted at least by 60%, while Appeal of Cancellation, is accepted by H.C of the other person that in this case, is discharged from payment, in view of new findings, due perio of adjudication, these two-three people, may have been partners for ex. in past, and now punishment, and adjudication at level, of irrevocable decision of H.Const. Court, is split/shared. Taken into account that Appeal Court, has not issued irrevocable decision, for ex. and gives legal justified right, in report of its final decision of B'grade for submission to cancellation, usually, acc. to L.C.P in some countries, Process of Cancellation is to be submitted from 1-3 years, on the average, as law, defines each time and for each case of course, (incl. all articles of exception, if so on each case). These cases, are most common ones for pause of payment to third party, upon order of Court Decision, there can be many applicable other cases, and sub-cases of course.

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