Verificarea competenței instanței, în condițiile art. 131 C.pr.civ., în privința soluționării cererii de suspendare provizorie și a celei de suspendare propriu-zisă a executării silite
Verification of the jurisdiction of the court, under the terms of Article 131 of the Civil Procedure Code, in respect of solving the application for temporary suspension and the application for actual suspension of enforcement

Summary/Abstract: Assuming that the applications for suspension of enforcement are formulated separately, the court is obliged to verify, ex officio, its jurisdiction to solve them and, in case of lack of jurisdiction, to admit the appropriate processual plea and, consequently, to decline jurisdiction, by analyising, in the abstract, which court would have jurisdiction to solve the contestation against enforcement, according to the law, whether such a contestation against enforcement is registered or not on the list of cases of a court. If the applications for suspension of enforcement are formulated within the file that has as object the contestation against enforcement and are solved prior to the time limit set for its examination, the court shall be also obliged to verify, ex officio, its jurisdiction to solve them, also in relation to the court which has jurisdiction, according to law, to solve the contestation against enforcement, and, in case of lack of jurisdiction, to admit the appropriate processual plea and to decline the applications for suspension of enforcement in favour of the court which has jurisdiction, by disjoining the contestation against enforcement.

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