APPEAL TO EXECUTION - MEANS OF REMOVING PROCEDURAL IRREGULARITIES AND ILLEGALITIES ENFORCEMENT
APPEAL TO EXECUTION - MEANS OF REMOVING PROCEDURAL IRREGULARITIES AND ILLEGALITIES ENFORCEMENT

Summary/Abstract: When discussing enforcement, we reveal the ineluctable an overall heterogeneous principles, rules, terms and conditions, defined and structured by a special technique that outlines the most important and uitl practical tool likely to lead to guaranteeing the rights of creditors recognized by the various titles enforceable in law. (Evelina Oprina)From the beginning we have to mention that the institution submit a procedural analysis is the method which penalizes conduct, inaction and faulty way of the criminal enforcement proceedings.Civil process is divided into two stages, the trial phase respectively enforcement.The latter stage of the civil binds study execution appeal as execution institution through which we want to bring some clarification valid and also solid.Concept enforcement activity in competition for achieving the forced execution titles - broad sense - a broad category of participants.Parties, courts, prosecutor, law enforcement, third parties, etc. all of them having a role and strictly prescribed by law in the execution of writs of execution.After the tumult of legislative - Law no.No 138/2015 and GEO. 1/2016 - went through foreclosure stage, switching power implementing executive orders by bailiffs directly without competition courts and many other such changes, the legislature returned - founded - the restoration of legal order execution normal procedural .Clear is that it can not be accepted as another body, even in the sphere of the judiciary to order on some measures with a particularly important and irreversible1 Clerk Civil Division of the Court of Constanta, Constanta, Romania, robert.adrian90@yahoo.com124effects, such as enforcement of securities that have the capacity to produce significant changes and essential subjects heritages report execution.Under the new Code of Civil Procedure, enforcement should be the last resort to lender in order to get into the right won through court and appeal to execution, one of the most important and used institutionsProcedural debtor tries to fend times exectuare timed to release the title against him.Therefore it remains to detail all these effects and legal consequences of the execution appeal for sanction, timing and verification of the legality of acts and forms of enforcement.

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