Subjective Scope Of Enforcement Force’s Extension

Subjective scope of enforcement force’s extension is one of the most important issues inthe field of enforcement, because it is helpful to determine the scope of parties who have theobligations according to judgments. This article analyses the due foundations of extension,which are procedural demands and entity demands. To satisfy entity demands, extensionshould be conductive to settle the disputes in the same enforcement procedure, and to coherewith substantial law. To satisfy procedural demands, extension should have the foundation ofprocedural justice and the judicial review.Subjective scope of enforcement force’s extension has two basic types. One type ofextension depends on succession of rights and obligations, such as heirs at law and thejuveniles when their legal representatives take part in litigation. The other type of extension isfor the purpose of maintaining the properties of the judgment debtor to protect the rights ofthe judgment creditor, such as persons who possess the personal estates of the judgmentdebtor, or someone who is in debt to the judgment debtor.The due process of enforcement force’s extension is different from litigation process.Sometimes, the third party who will be enforced according to extension can have sufficientprocedural rights before the enforcement, but sometimes, the third party might be enforcedwithout enough procedural protection. What procedural protection the third party can getdepends on many factors, such as the possibility of claim between the judgment creditor andthe third party, the urgency for enforcement, the procedural protection the third party has got,and the necessity of judicial review. This kind of due process may be called the diverse modelof due process.