PRESCRIPŢIA DREPTULUI DE A OBŢINE EXECUTAREA SILITĂ ÎN PROCESUL CIVIL ROMÂN – ASPECTE GENERALE
PRESCRIPTION OF THE RIGHT TO OBTAIN ENFORCED EXECUTION IN THE ROMANIAN CIVIL PROCESS - GENERAL ASPECTS

Summary/Abstract: Forced enforcement is the procedural activity of fulfilling the obligations included in the enforcement title, through the enforcement bodies, in compliance with the legal provisions, the rights of the parties and other interested persons (Zilberstein and Ciobanu, 2001, p. 23). The enforcement procedural activity traditionally represents the second phase of the civil process (executio), which follows the trial phase (cognitio) (Deleanu, Mitea and Deleanu, 2013, p. 15-16). However, enforcement may not be preceded by a civil judgment (when the enforceable title is represented by a document other than a court decision). Equally well, it is possible that the civil judgment is not followed by enforcement (when the judgment is not capable of being enforced by enforcement or its enforcement is done voluntarily by the debtor). Forcible execution is the exception, because it is triggered and takes place when the debtor does not willingly execute his obligation.

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