New Code of Civil Procedure

On August 1, 2005, the New Code of Civil Procedure was finally introduced. After introduction of the new Civil Code in 2001 introduction of a new Code of Civil procedure became necessary. The New Code of Civil Procedure contains provisions in respect to the procedures that must be followed in regard to civil proceedings, attachment proceedings and execution/enforcement of judgments. The New Code of Civil Procedure is similar to the Code of Civil Procedure in the Netherlands.

The most important changes that were introduced are in respect to the attachment and execution proceedings. It is now easier to place an embargo in case of collection of an outstanding debt. It is also explicitly possible to place an embargo on shares in a limited liability company and on rights derived from life insurance policies.

New rules in respect to the hearing of witnesses and discovery were also introduced. It is now possible to that the parties in a case can be heard as witnesses themselves while the Court may order discovery of documents held by third parties. A witness whom is unwilling to testify can be forced to do so by a judicially imposed penalty. The New Code of Civil Procedure has in all aspects been modernized in comparison to the old Code of Civil Procedure.