The enforcement appeal, through the prism procedural availability Cover Image

Contestaţia la executare, prin prisma disponibilităţii procesuale
The enforcement appeal, through the prism procedural availability

Author(s): Ioana-Anamaria Filote-Iovu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: enforcement appeal; the principle of availability; the object of the enforcement appeal; the subjects of the enforcement appeal; the term for exercising the appeal;

Summary/Abstract: The principle of availability in the civil process is expressed throurgh a series of rights, including the right of those injured by enforcement to file an enforcement appeal to defend their rights and legitimate interests. In this study, the author analyzes the theoretical and practical importance of the object, subjects and the term for formulating the enforcement appeal. At the same time, highlighting the legislative gaps and the jurisprudential divergences in this mater, the author makes a series of proposals of the ferenda law meant to offer solutions to the identified problems.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 163-177
  • Page Count: 15
  • Language: Romanian
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