Enforcement of Rent Arrears Based on Federal Office Validation of Rent Increase

In a case concerning the enforcement of rent arrears resulting from a rent increase validated by a federal office's final decision, the court determined that this validation order, which only addressed the permissibility of the increase under tenancy law, does not constitute a definitive title for execution under the Debt Enforcement and Bankruptcy Act. The court reasoned that such a decision, similar to those arising from judicial review of rent increases, is a declaratory judgment establishing the limits of the lessor's right rather than a judgment compelling payment, meaning it does not qualify under Article 80 et seq. of the Act; however, when combined with the original lease agreement and the modification thereof, it suffices to grant provisional execution under Article 82 of the Act for the arrears pertaining to the validated increase.