EXECUTAREA HOTĂRÂRILOR JUDECĂTOREȘTI PRIVITOARE LA MINORI ÎN REGLEMENTAREA NOULUI COD DE PROCEDURĂ CIVILĂ
ENFORCEMENT OF COURT RESOLUTIONS ON MINORS IN REGULATING THE NEW CIVIL PROCEDURE CODE

Summary/Abstract: The new Civil Procedure Code, taking into consideration the material and personal difficulties of enforcing enforceable titles having as object the entrusting of under aged, the settlement of the visiting program and other protection measures, as an element of absolute novelty, sets up a series of regulations regarding the enforcement of under aged related judgments: – if the debtor does not wilfully carry out the obligation to let the under aged to be taken by the creditor or the debtor oposes to the carrying out of the visiting program of the under aged, the judicial bailiff, at the request of the creditor, will notify the enforcement court so as to apply a civil fine, and if after one months’ passage from the moment of notification of the fine the debtor does not comply, the judicial bailiff will proceed with the enforcement procedure; – the enforcement will be carried out, under the sanction of enforcement nullity, in the presence of a representative of the general agency of social security and child protection and, when necessary, of a psychologist. The interdiction of any person to treat harshly the under aged or to exert any sort of pressure on him in order to carry out the enforcement has been similarly set up. If the judicial bailiff finds out that the under aged himself refuses to leave the debtor or that he shows aversion towards the creditor, it is possible for the competent trial court to order a psychological counseling program for the under aged for a maximum period of 3 months, and if even after this period the under aged opposes the enforcement, the representative of the specialized agency will notify the competent trial court immediately in order for it to give a decision regarding the maintaining of the measures related to the under aged that could not be enforced.

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