Legal Definitions - contra executionem

CONTRA EXECUTIONEM

Contra executionem is a Latin legal term that means "against execution." It refers to the presumption in favor of a defendant's objections to the manner of execution against the defendant's property.

For example, if a court orders the seizure of a defendant's property to satisfy a judgment, the defendant may object to the manner in which the property is being seized. If the court finds that the defendant's objection is valid, it may rule contra executionem, meaning that the seizure cannot proceed in the manner proposed by the plaintiff.

Another example is if a defendant is facing the death penalty, but there is evidence that the execution method is cruel and unusual. The court may rule contra executionem and prohibit the use of that method of execution.

Contra executionem is a legal principle that protects defendants from unfair or improper methods of executing a court order. It ensures that defendants have the opportunity to object to the manner in which their property is being seized or their sentence is being carried out. The examples illustrate how the court may use this principle to protect defendants' rights and prevent unjust outcomes.