Considerations on certain provisions in the field of forced execution embodied in the Project of the New Civil procedural code
Consideratii privind unele dispozitii în materia executării silite cuprinse în proiectul noului cod de procedură civilă

Summary/Abstract: The alteration brought to the Civil procedural code on the matter of the forced execution, by means of the project published on the site of the Ministry of Justice represent a bone of contention; the public was invited to elaborate proposals of improvement of the project before April 25th 2008. The herein paper analyses the Project of the New Civil procedural code, having as a starting point important solutions that break new ground in comparison to the current regulation embodied in the Civil procedural code in the field of forced execution. The author does not aim at unconditionally praising the authors of the Project, finding room, when necessary, for criticism often synonymous with the reproach to “half measures” or to disaccord between the proposed texts or between them and other texts of the Code or even with reality. New solutions are seen both within the “general part”, namely within those provisions with respect to the forced execution as a whole, independent of the form of forced execution, and within the special part, that is the one regarding a certain form of forced execution.

• Details
• Contents