Actualizarea cheltuielilor de judecată
din procesul civil
în etapa executării silite
Updating court fees
of the civil process
in the forced execution stage
Author(s): Corina, Claudia Negrutiu, RosuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: court costs; primary obligation; update; enforcement
Summary/Abstract: The article analyzes the possibility of updating court costs at the stage of compulsory enforcement of court decisions. Before Decision no. 35/ 2015 issued by the Supreme Court, The panel for clarifying law matters for the interpretation and implementation of the provisions contained in art. 628 paragraph (3) C, legal procedure code, court costs could not be updated.The Supreme Court ruled that for the interpretation and implementation of provisions contained in art. 628, paragraph(3) C, civil procedure code, court costs fall under the concept of main obligation in the compulsory title and therefore can be subject to updating in the course of compulsory enforcement. We agree with the conclusions drawn by the Supreme Court, however, we consider that the legal solution would have been to expressly include the court costs under updating obligations in paragraph 3 of art. 628 C, legal procedure code.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2016
- Issue No: 2
- Page Range: 20-29
- Page Count: 8
- Language: Romanian