IMPEDIMENTE DE ORDIN PRACTIC CE REVIN ÎN ACTUALITATE PRIN REINTRODUCEREA OBLIGATIVITĂȚII ÎNCUVIINȚĂRII EXECUTĂRII SILITE
PRACTICAL OBSTACLES BROUGHT BACK BY REINTRODUCING THE OBLIGATION OF THE APPROVAL OF ENFORCEMENT

Summary/Abstract: Although, at present, the institution of the approval of enforcement has been reintroduced, the possibility of challenging the decision of admitting the approval by a challenge to enforcement has not been regulated as well. Consequently, de lege lata, such a possibility represents an action that has no explicit legal ground. Moreover, the application for approval of enforcement for each separate form of enforcement, as well as the restriction of the effects of the ruling on approving the enforcement, issued by a trial court, to the jurisdiction of such trial court represent serious obstacles to the carrying on of a flexible enforcement procedure. Another practical obstacle occurs in case of the simultaneous prosecution of the debtor’s assets in different enforcement files, situation when the original enforcement order must be submitted to one or several bailiff offices. Moreover, the action of the enforcement courts requiring, for the approval of enforcement, that the bailiff makes the proof that the debtor owns assets in the jurisdiction of the trial court from which approval is requested, is also wrong.

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