Intoarcerea executarii silite
Return of compulsory execution
Author(s): Cotoi EmiliaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: return of compulsory execution; enforcement deed; debtor; creditor; extinguishment of debt; objection on a point of law
Summary/Abstract: Return of compulsory execution stands for an objection on a point of law entailed by the cancellation of underlying enforcement deeds or writ of execution, case in which the procedures of transferring the ownership right, extinguishing obligations under the enforcement deeds cancelled by right or by the law court become absolutely void, based on the principle quod nullum est nullum product efectum. On these grounds, the interested party may apply for reinstatement of parties to the previous situation (the status quo ante). Therefore, the point of law undergoing resolution is the reinstatement of parties to the previous situation, point of law that, according to art. 4011-3 Code of Civil Procedure, is referred to the court.
Journal: Revista Română de Executare Silită
- Issue Year: 2010
- Issue No: 4
- Page Range: 25-36
- Page Count: 12
- Language: Romanian
- Content File-PDF