Admisibilitatea contestației la executare în condițiile altui titlu executoriu decât o hotărâre judecãtorească
The Admissibility of the Appeal to the Execution in case of Another Enforceable Title Than a Court Decision

Summary/Abstract: The admissibility is an intrinsic element to any request addressed to the courts, which is a condition or a cumulus of formal conditions prescribed by the law and the fulfillment of which determines the suitability of the request to be examined on the merits. In such circumstances, each application must be considered, primarily, from the point of view of its admissibility, whether and under what conditions it is permitted by the procedural law. However, by reference to the special legal nature of the appeal to the execution, to the special procedure which it assumes and the procedural moment in which it occurs, the brief investigation of the admissibility of the appeal to the execution appears as an obvious necessity. Moreover, the particularities attributed by the specificity of the enforceable titles, other than a court order, call for further discussion on the admissibility of an appeal formulated in the context of such an enforcement procedure, including under the terms which can be invoked, namely the possibility of approaching the substance of the legal report.

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