Practical issues regarding the examination of requests for
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Probleme practice privind judecarea cererilor de validare a popririi
Practical issues regarding the examination of requests for garnishment validation procedure

Author(s): Nicolae-Horia Ţiţ
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: enforcement; garnishment; court; third party; validation;

Summary/Abstract: The garnishment is one of the means of enforcement that has led to various problems of interpretation and application in judicial practice. The article analyses some of these issues, both from the point of view of the procedure and the defence that may be invoked by the third party. More specifically, the question of the compatibility between the validation procedure of the garnishment and the verification and the regularization of the application is analysed; the applicability, in the matter of validation of garnishment, of the provisions of art. 78-79 Civil Procedure Code on the forced introduction of other persons; the possibility of the third party to invoke means of defence regarding the conditions for the enforcement of the forced execution, namely the lawfulness of the enforcement procedure.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 80-91
  • Page Count: 12
  • Language: Romanian
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