Executarea silită a obligației de întreținere – la granița dintre legalitate și echitate
Enforcement of the maintenance obligation – on the border between legality and equity

Summary/Abstract: Is it possible to approve the enforcement of the maintenance obligation established in the form of the maintenance pension only for the instalments falling due up to the date of the application for enforcement, as well as for those with future maturity? The judicial practice offers solutions in both directions, but which of the two guidelines is in accordance with the principle of the best interest of the child? Can the judge censure the civil procedural provisions that give rise to unfair situations, based on the principle of equity? The present study proposes answers to these questions, as well as solutions for correcting the unfair consequences generated by the application of some legal provisions that ignore the particularities of a claim having as object the legal maintenance obligation. Thus, the solutions of the courts of law will be briefly presented, the arguments used to justify the judgments pronounced will be analyzed, and several aspects regarding the incidence of the principle of the best interest of the child and of the principle of equity will be pointed out one by one, in order to finally present our conclusions, as well as some de lege ferenda proposals.

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