Formula executorie – între formalism și inutilitate
Enforceability – between formalism and futility

Summary/Abstract: This article aims to present the concept, the historical development and the current configuration of enforceability as regulated under the new Code of Civil Procedure. Once the concept of enforceability defined, it is briefly presented the historical development of the institution in the French law up to the current regulation of the Romanian Code of Civil Procedure. In parallel, the trends in the approval of enforcement proceedings are also pursued, institution that has always overlapped with the declaration of enforceability, the differences between the two procedures being examined, as well. Further on, the main constitutional powers of the President of Romania are analysed, in an attempt to capture the possible correlations with the declaration of enforceability; the issue of unconstitutionality of enforceability is also addressed hereunder. Concurrently, the necessary delimitations between the enforceability of the enforceable orders and the declaration of enforceability are made. Finally, conclusions are put forward, according to which we should either waive the enforceability that is futile, or, unless the waiver of this purely formal element is not desirable, we should drop the reference to the President of Romania in the wording of the declaration of enforceability.

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