Admisibilitatea contestaţiei la executare în condiţiile titlului
executoriu reprezentat de o hotărâre judecătorească sau arbitrală
Admissibility of the appeal on enforcement according to
the writ of execution represented by a court ruling or arbitration award
Author(s): Lungănaşu CătălinSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: admissibility; writ of execution; court ruling; res judicata; force of res judicata; reasons of the appeal on enforcement;
Summary/Abstract: Admissibility of the appeal on enforcement includes, in a synthetic formula, all rules specific to this legal institution. Noticing the judgement of the admissibility conditions and the manner in which it shapes the entire procedure, we may distinguish the fundamental principles of the appeal on enforcement. Moreover, the discussion conducted on the enforcements based on court rulings or arbitration awards comprises additional clarifications from the point of view of the specific effects which have to be recognized to these types of writs of execution. Therefore, the identification of the admissibility criteria, of the reasons that may be brought to enforcement by means of appeal and of the manner in which the rules specific to the procedural phase of the proceedings are correlated with those of the enforcement certainly contribute to the shape of the legal regime of the appeal on enforcement filed under the conditions of a enforcement based on court ruling or arbitration award.
Journal: Revista Română de Executare Silită
- Issue Year: 2018
- Issue No: 1
- Page Range: 78-98
- Page Count: 21
- Language: Romanian
- Content File-PDF