Principii ale executării silite în lumina prevederilor noului cod de procedură civilă şi ale legislaţiei conexe
Civil enforcement principles established by the New Civil Procedure Code and the related legislation

Summary/Abstract: For the first time, the fundamental principles of the civil process are explicitly and unitarily mentioned in the new Romanian Civil Procedure Code, within a distinct preliminary section. Some of them are also guiding the enforcement procedure. Other principles are provided by special paragraphs of the Code or other sources. The paper analyzes the principles succcesively (the responsability of the state; the obligation for the bailiff to perform the enforcement acts; the right to a fair trial within an optimal and predictable time; legality; equalit ; disponibility; good faith; the right of defence; the contradictorial and public character of the procedure ; the language of the procedures is Romanian; the active role of the bailiff. Various specific procedural and judicial rules which express or implement the principles are also mentioned.

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