IMPLICAȚII PRACTICE CA URMARE A ADMITERII, DE CĂTRE CURTEA CONSTITUȚIONALĂ, A EXCEPȚIEI DE NECONSTITUȚIONALITATE A DISPOZIȚIILOR ART. 373 C. PR. CIV.,
PRACTICAL IMPLICATIONS OF THE ADMISSION, BY THE CONSTITUTIONAL COURT, OF THE EXCEPTION OF NON-CONSTITUTIONALITY OF THE PROVISIONS OF ART. 373 OF THE C

Summary/Abstract: Enforcement, although it is a final phase of the civil trial, is extremely important as regards the actual implementation of legal standards, the acknowledgment and accurate enforcement of civil rights. Taking into consideration the fact that the „recognition by right” of the claimant’s demand is acquired during the judgment phase and the „recognition in fact” of such claim is acquired in the enforcement phase, we may assert that one of the purposes of enforcement is the „fluidization” and „securisation” of the civil circuit. Starting from this premise, one may assert, without the fear of being in error, that enforcement is equally important for the creditor, and for the debtor. On the other hand, the legality of the enforcement procedure (as regards meeting the form and substance requirements) is also a public order requirement, being of interest for the society, as a whole. These are the arguments behind the intention to review the decision of the Constitutional Court of Romania no. 458 of 31 March 2009, as regards its effects in relation to enforcement. We assert that, by issuing and publishing this solution, even if for a limited period, the enforcement procedure was obstructed, with harmful effects on the „safety” of the civil circuit.

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