THE PARTICIPANTS AT THE REAL ESTATE FORCED EXECUTION FORESEEN WITHIN THE NEW CIVIL PROCEDURE CODE, COMPARED TO THE OLD CIVIL PROCEDURE CODE
THE PARTICIPANTS AT THE REAL ESTATE FORCED EXECUTION FORESEEN WITHIN THE NEW CIVIL PROCEDURE CODE, COMPARED TO THE OLD CIVIL PROCEDURE CODE

Summary/Abstract: As a peculiarity of forced execution in our procedural system, we can see the humanitarian character of the forced execution in that it can not, in principle, be applied to the person of the debtor, but only to his possessions. Also, as an expression of the social protection enshrined in the law, certain goods, rigorously determined, can not be prosecuted, and the stamp duties collected in the forced execution procedure are of low level. In our country, forced execution has always been considered as an exceptional procedure that could only be used on the basis of prior authorization. The sources of forced execution in Romania are relatively unknown, considering that the execution procedure followed the rules contained in the Basilicas, but that, however, the enforcement issues were generally left to the liking of those concerned, the Lord's command being the legal element triggering the execution and which refers to "grip on wealth" or to prison for Enforced execution is the procedure by means of which the creditor, the holder of the right recognized by a court order or by another enforceable title, compels his debtor, who does not voluntarily execute his obligations arising from such a title, brings them into force. Enforced execution, the second and final phase of the civil process is one of the forms of manifestation of civil action, being governed by the principle of availability. Forced execution as well as the other acts of execution that are within the competence of the bailiff are fulfilled upon request, unless the law provides otherwise. Enforced execution is not mandatory, but it is always possible. This means that forced execution can be triggered, in principle, only at the request of the creditor or his heirs. Therefore, the creditor will have to notify the enforcement body through a request, to which he is required to file the original enforceable title on the basis of which the prosecution is to be pursued. After obtaining the enforcement of the forced execution, the bailiff will start forced execution, being obliged, according to the law and the contract concluded with the creditor, to execute all the enforcement acts requested by the pursuing creditor. According to the principle of availability, it is also up to the creditor to choose the form of execution or whether the bailiff will make moves, immovable property or attachment, simultaneously or successively, until the right recognized by the enforceable title, payment of interest, penalties, or other amounts granted under the law through it, as well as the execution costs. Enforced execution can not be conceived without the participation of the parties and the enforcement bodies, and under certain circumstances the court's participation is indispensable. The parties (the creditor and the debtor) and the enforcement bodies are indispensable procedural participants in this phase of the civil process, but the prosecutor may also participate in the forced execution activity. It is also possible to exclude the participation (in forced execution) of third parties, in particular those who claim to be injured by the follow-up measures.

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