PROBLEMATICA EXECUTĂRII HOTĂRÂRII ARBITRALE – ANALIZĂ COMPARATIVĂ CU REGLEMENTAREA ADUSĂ DE LEGEA NR. 134/2010 PRIVIND NOUL COD DE PROCEDURĂ CIVILĂ
THE MATTER OF ENFORCEMENT OF THE ARBITRATION AWARD - A COMPARATIVE ANALYSIS WITH THE REGULATION BROUGHT BY LAW NO. 134/2010 REGARDING THE NEW CIVIL PR

Summary/Abstract: Both during the period of the public discussion on the draft New Civil Procedure Code, and especially after its adoption and enactment by Law no. 134/2010, published in the Official Journal of Romania no. 485/15 July 2010, opinions regarding the conception of this code and controversies have been present in the area of interest of the specialists. Familiarization with its new regulations is an obvious challenge for the law theoreticians and practitioners. The author intends to make a comparative analysis of the two civil procedure codes on a specific theme: the procedural institution of enforcement. Sharing the already two-century experience of the old civil procedure code, which is more “equipped” by the doctrine and case law it has behind it, which offers a certain confidence given by its viability until present, it is definitely a moment changing classical perceptions and nobody knows where the audacity of a new procedural adventure will lead. The rules of procedure regulate the enforcement of the material law and, in order for them to keep up with the social evolution, the regulations must contain elements of progress stimulating the legal circuit, but at the same time providing it safety in the area of the legal relationships that are so important for the modernity of the rule of law. These matters are taken into consideration by the author when making a comparative analysis in an important and sensitive area – that of the enforcement as a last, but equally important stage of the civil trial. While waiting for the coming into force, some retouching and corrections may still be necessary, which, contained in the law for implementation would give more strength to the new civil procedure code.

• Details
• Contents