Considerations regarding the change of way and order of enforcement Cover Image
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Considerații privind schimbarea modului și ordinii de executare
Considerations regarding the change of way and order of enforcement

Author(s): Roman Talmaci, Oxana Novicov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: enforcement; judicial bailiff; order of enforcement; way of enforcement;

Summary/Abstract: The study examines certain considerations regarding the way and order of enforcement. Starting from the regulation of the Code of enforcement of the Republic of Moldova, which, in art. 77, shows that “If there are any circumstances which make enforcement difficult or impossible, the judicial bailiff or the parties to the enforcement procedure shall lodge a claim in relation to the change of way and order of the enforcement of judgment, to the court which issued the enforceable document”. Consequently, the consideration of the existence of the circumstances, which set up the need for lodging the claim regarding the change of way and order of the enforcement, shall be attributed by the legislator to the judicial bailiff or to the parties to the enforcement. It should be noted that both the debtor and the creditor might request the court to change the way and order of enforcement.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 128-135
  • Page Count: 8
  • Language: Romanian
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