Efectivitatea în executarea silită. Standardul unei executări complete
Effectiveness in enforcement. The standard of a complete enforcement
Author(s): Nicolae Sergiu CârlanSubject(s): Court case
Published by: Universul Juridic
Keywords: enforcement; compliance; ECHR standard; completeness of enforcement; compliance of enforcement; effectiveness in enforcement;
Summary/Abstract: The quality of the enforcement act and the enforcement procedure in general must be guaranteed, an essential aspect for a well administered justice system, both in terms of regulations based on well defined principles, but also procedural rules and guarantees. No less important, the purpose of this phase of the civil process is drawn by the principle of effectiveness in execution, in order to achieve the goal pursued, that of realizing concretely and in a complete manner the claim recognized by the enforceable title. The creditor, following the acquisition of the enforceable title, can claim, for himself, the „effectiveness and concrete character” of his rights, which in the absence of voluntary or forced execution of the correlative obligations, would remain simple „theoretical and illusory rights”.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2023
- Issue No: 2
- Page Range: 183-194
- Page Count: 11
- Language: Romanian