Discutii privind natura executãrii silite si a activitatii executorului judecãtoresc în reglementarea noului Cod de procedurã civilã
Discussions regarding the nature of the foreclosure and of the biliff’s activity for the settlement of the new Civil procedure code

Summary/Abstract: The legal reform brought by the New Civil Procedure Code approved by Law no. 134/2010 implies consequences that are not easy to anticipate. The particular situation of the foreclosure institution in this context brings out the necessity for a close analysis of the issues that may appear during the application of the dispositions included in Book V of the New Code, regarding the foreclosure institution. The foreclosure jurisprudence generated extensive doctrine debates, which will certainly expand as the new regulation shows its deficiencies – already announced by the specialised literature. In consideration of the aforementioned, our approach wishes to draw up an analysis of the problems brought by the legal nature of the foreclosure in the context of the existing debates in the Romanian legal literature.

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